Patna High CourtCR. MISC./48350/2015dismissed

Sanjay Kumar Singh v. The State Of Bihar

2016-02-03Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.48350 of 2015 (3) dt.03-02-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48350 of 2015 Arising Out of PS.Case No. -283 Year- 2015 Thana -BIHTA District- PATNA ======================================================

1. Sanjay Kumar Singh Son of Late Amresh Singh, Resident of Village - Bindaul, P.S. - Bihta, District - Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar For the Opposite Party/s : Mr. Prem Kumar Jha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-02-2016 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 498 (A), 304 (B) and 34 of the Indian Penal Code. The prosecution case, in short, is that the daughter of the informant, namely, Asha Devi was married with the petitioner about 12 years ago. She went to her sasural where her husband always subjected to cruelty with a view to demand of dowry. In the evening of 29.3.2015, the petitioner assaulted Asha Devi and forcibly administered her sulfash and confined her in a room. After receiving this information, the informant went to the house of the petitioner along with his grand son where he got information about the occurrence and thereafter he admitted her in PMCH on 29.3.2015 at about 8 P.M. where in the course of

Patna High Court Cr.Misc. No.48350 of 2015 (3) dt.03-02-2016 treatment she died. Thereafter, the present case has been instituted. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent and he has falsely been implicated in the present case. The F.I.R. has been instituted after 20 days of the occurrence. There is no eye witness to the incident. On behalf of the State, it is submitted that the petitioner is named in the first information report and he is the husband of the deceased.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner and the same is, accordingly, rejected.

V.P.Sinha/- (Sudhir Singh, J) U