Ankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8212 of 2018 Arising Out of PS.Case No. -211 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ====================================================== Ankaj Kumar, S/o Mahendra Singh, R/o Village- Gajipur, P.S.- Dosari, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar Singh, Advocate. For the Opposite Party/s : Smt. Sucheta Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Desari P.S. Case No. 211 of 2017 instituted for the offence under Sections 304(B), 120(B) and 34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is no allegation against him in the written report. There is allegation of giving poison against Babita Kumari and her husband Pankaj Kumar. It has further been submitted that petitioner is husband of the deceased.

Case diary has been received.

In the case diary no definite cause of death could be ascertained and various viscera have been preserved. In the written report it is alleged that daughter of the

Patna High Court Cr.Misc. No.8212 of 2018 (3) dt.05-03-2018 2/2 informant was married with the petitioner. She was tortured in her Sasural by this petitioner and other accused persons for demand of Rs.1,00,000/- and a Motorcycle. It is also alleged that husband of the deceased has developed illicit relationship with his Bhabhi namely, Baby Kumari. When the daughter of the informant had raised objection, the deceased was tortured by her husband. It is alleged that on 31.8.2017 the daughter of the informant was done to death by giving poison by Baby Kumari and her husband in conspiracy.

In this manner, in the written report itself there is direct allegation against the petitioner that he was having illicit relationship with his Bhabhi and when the deceased raised objection he assaulted the deceased and made demand of Rs.1,00,000/- and Motorcycle.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail.

(Sanjay Priya, J) S.Ali/- U T