Shashi Thathera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26009 of 2023 Arising Out of PS. Case No.-431 Year-2014 Thana- BARH District- Patna ====================================================== SHASHI THATHERA SON OF DILIP THATHERA R/O VILLAGENATHCHAK, P.S.- BARH, DISTRICT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anjana For the Opposite Party/s :

Mr. Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Barh P.S. Case No.431 of 2014, registered for the offence punishable under Sections 304(B), 34 of the Indian Penal Code. The allegation against the petitioner is that he killed the sister of the informant on the pretext of non-fulfillment of demand for dowry.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific overt act against the petitioner. The petitioner is the husband of the deceased. He

Patna High Court CR. MISC. No.26009 of 2023(2) dt.13-07-2023 2/2 further submits that due to an altercation between the informant and the deceased, the deceased poisoned herself. No external sign of any violence has been found by the investigating officer. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the deceased has died in her matrimonial home and the petitioner is her husband and the allegation against him is serious in nature.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is, accordingly, dismissed.

(Anjani Kumar Sharan, J) shikha/- U T