Raju Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79522 of 2018 Arising Out of PS. Case No.-130 Year-2018 Thana- MAJHAULIA District- West Champaran ====================================================== Raju Miyan S/o Akari Miyan R/vill-Senuwariya,Darji Tola,P.SMajhauliya,Distt.-West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the Opposite Party/s :

Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 304(B)/34 of the Indian Penal Code. The prosecution case, in brief, is that the informant's daughter was done to death in her matrimonial home by the accused persons due to non-fulfillment of demand of dowry. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. There is no eye witness to the alleged occurrence nor there is any specific allegation against the petitioner. On behalf of the State , it is submitted that the petitioner is husband of the deceased. The onus is upon him to explain the

Patna High Court Cr.Misc. No.79522 of 2018(2) dt.01-02-2019 2/2 cause of death of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of the petitioner in connection with Majhauliya P.S. Case No. 130 of 2018 is rejected.

If the petitioner surrenders in the court below and seeks regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V.//- U T