Surendra Roy v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.31206 of 2017 (2) dt.14-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31206 of 2017 Arising Out of PS.Case No. -34 Year- 2015 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Surendra Roy S/o Late Ram Kishun Roy Resident of Village - Kadwa, P.S. - Kasaba, District - Purnea.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Pano Devi W/o Late Umesh Roy Resident of Village - Kadwa, P.S. - Kasba, District - Purnea.

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

For the Petitioner/s : Mr. Ajit Ranjan Kumar For the Opposite Party/s : Mr. Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-07-2017 Heard both sides.

The petitioner apprehends arrest in connection with Complaint Case no. 34 of 2015 registered for the offence under Sections 493, 406 and 323 of the Indian Penal Code. The petitioner is husband of the complainant (O.P. no. 2). It is stated that the full brother of this petitioner was the first husband of the complainant who was Dafadar. After his death, the complainant got Rs. 4 lacs towards death benefit. This petitioner married with complainant and started residing. The complainant has further alleged that this petitioner took the entire amount which was received on account of death of her previous husband, and thereafter, this petitioner refused to keep the

Patna High Court Cr.Misc. No.31206 of 2017 (2) dt.14-07-2017 complainant in his house. He with the help of other co-accused attempted to commit her murder by putting her on fire. She raised alarm whereupon the local people came and saved her life. The petitioner claims that the matter has been compromised. But no compromise petition duly singed by the complainant and her husband has been filed.

Considering the nature of allegation, facts and circumstances of the case, I do not find it a fit case of the anticipatory bail. The petitioner, as such, is directed to surrender before the court below and seek regular bail. In the event of his surrender, the court below on being satisfied with the assertion of the petitioner as regard his compromise and restoration of good relationship with his wife, his prayer shall be considered without being prejudiced by the order of this Court.

This Cr. Misc. application is, accordingly, disposed of. (Sanjay Kumar, J) rohit/- U T