Chandra Prakash v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23272 of 2019 Arising Out of PS. Case No.-622 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== CHANDRA PRAKASH S/o Om Prakash Gupta @ Bhola Saw R/o VillageKhajuri, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok, Adv.
For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2019 This application, for grant of anticipatory bail, arises out of Naubatpur P.S. Case No. 622/18, disclosing offences under Sections 498(A), 304(B) of the Indian Penal Code. Petitioner happens to be brother in law (devar) of the deceased and allegation against him and others is of causing death of the deceased in connection with demand of dowry. Submission of learned counsel for the petitioner is that he is brother-in-law of the deceased and no specific allegation has been attributed to him and the materials collected in course of investigation disclosed that there was some dispute between the deceased and her husband as she was suspecting that her husband had illicit relationship with another lady. Learned counsel for the State opposed the prayer for bail and submitted that in this case process under Section 82 has
Patna High Court CR. MISC. No.23272 of 2019(5) dt.08-08-2019 2/2 already been exhausted against the petitioner. Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, if possible on same day, without being prejudiced by this order.
This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T