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Patna High CourtCR. MISC./30117/2016rejected

Uday Kumar Choudhary v. The State Of Bihar

2016-11-08Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30117 of 2016 Arising Out of PS.Case No. -158 Year- 2015 Thana -NARHAT District- NAWADA ====================================================== Uday Kumar Choudhary, son of Sri Nawal Kishore Choudhary, resident of village- Kusha P.S. Narhat , District- Nawada .... .... Petitioner

Versus

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

For the Petitioner : Mr. Jitendra Pandey, Advocate.

For the Opposite Party : Mr. Kumar Ranjit Ranjan, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.

The petitioner apprehends his arrest in Narhat P.S. Case No. 158 of 2015 registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The informant made allegation that his daughter was married to the petitioner on 04.07.2014, but after marriage her husband and other in-laws killed her on 01.12.2015 due to nonfulfillment of demand of additional dowry. Learned counsel for the petitioner submits that petitioner is, of course, husband but no specific allegation is made against him. During course of investigation the witnesses have stated that the petitioner was having good relation with his wife, but his wife committed suicide within 11⁄2 years of marriage only

Patna High Court Cr.Misc. No.30117 of 2016 (5) dt.08-11-2016 2/2 because she was not able to give birth to a child. Other accused persons have already been granted anticipatory bail, but it appears that the petitioner is husband of the deceased and there is specific allegation that the deceased was strangulated to death within 11⁄2 years of her marriage. The post-mortem report also found ligature mark all around the neck, thyroid bone was found fractured and she died due to asphyxia.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T