Patna High CourtCR. MISC./42033/2014disposed

Pappu Mahto v. The State Of Bihar

2015-09-03Mr. Justice Sudhir Singh2 pages

Patna High Court Cr.Misc. No.42033 of 2014 (5) dt.03-09-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42033 of 2014 Arising Out of PS.Case No. -18 Year- 2013 Thana -MUSRIGHARARI District- SAMASTIPUR ======================================================

1. Pappu Mahto son of Upendra Mahto resident of village Manpur Yeloth, p.s. Musrigharari District - Samastipur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Smt. Anuradha Singh For the Opposite Party/s : Mr. Rajendra Singh Shastri(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 03-09-2015 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest for the offences instituted under Sections 304B/34 of the Indian Penal Code. The prosecution story, in brief, is that marriage of the informant's daughter (the deceased) was solemnized in March, 2012 but just after two months, the petitioner began to torture her for non-fulfillment of demand of dowry and in the night of 21/22.02.2013, the petitioner alongwith others murdered the deceased and hanged the dead-body to give it a color of suicide. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner has been made accused due to mistake of fact. It is further submitted that

Patna High Court Cr.Misc. No.42033 of 2014 (5) dt.03-09-2015 the deceased had committed suicide.

On behalf of the State it has been submitted that the petitioner is the husband of the deceased.

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

Anyhow, if the petitioner surrenders before the Court below within a period of four weeks, the same shall be considered on its own merits without being prejudiced by this order. With the aforesaid observation, the application is disposed of.

(Sudhir Singh, J) Saif/- U T