Jitan Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26640 of 2017 Arising Out of PS.Case No. -110 Year- 2016 Thana -LAURIYA District- WEST CHAMPARAN (BETTIAH) ====================================================== Jitan Sah ,Son of Maman Sah, resident of Village- Phulwaria, P.S. Lauriya, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anand Kishore Choudhary, Advocate For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Lauriya P.S. Case No.110 of 2016 instituted for the offence under Sections 304(B) and 201/34 of the Indian Penal Code.
As per written report petitioner along with other accused persons committed murder of deceased for nonfulfillment of demand of dowry by causing burn injury and got the dead body disappeared.
Learned counsel for the petitioner has submitted that learned Sessions Judge has mentioned in the impugned order that post mortem report shows the cause of death is due to drowning whereas it is alleged that deceased was done to death by burn injury.
Patna High Court Cr.Misc. No.26640 of 2017 (3) dt.06-07-2017 2/2 The learned Sessions Judge has mentioned in the impugned order that witnesses in paragraphs, 7, 8 and 9 have stated that the deceased died due to burn injury and the sign of burn was present on the dead body. As per paragraph-6 of the case diary, the Investigating Officer had found the sign of burn at the place of occurrence.
In such circumstances, the petitioner being the husband of the deceased, this Court is not inclined to grant anticipatory bail to him.
Prayer for anticipatory bail to the petitioner stands rejected.
Petitioner may surrender before the court below and make prayer for regular bail.
(Sanjay Priya, J) S.Ali/- U T