Kanhaiya Prasad @ Kanhai Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8635 of 2018 Arising Out of PS.Case No. -184 Year- 2017 Thana -ALAMGANJ District- PATNA ======================================================

1. Kanhaiya Prasad @ Kanhai Prasad, Son of Kallu Prasad, Residents of Village- Nasariganj, Biscuit Factory More, Budha Nagar, 9-A, P.O. and P.S. Danapur, District- Patna.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Sri Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in connection with Alamganj P.S. Case No. 184/2017 instituted for the offence under Section 304(B) of the Indian Penal Code.

It is alleged in the written report that the daughter of the informant was married with the petitioner on 05.03.2016. The daughter of the informant, just after 10 days of her marriage, was tortured by the petitioner and other in-laws for demand of Rs. 75,000/- for purchasing motorcycle. It is also alleged that the daughter of the informant became pregnant but the petitioner and his family members did not take proper care. The informant brought back the daughter to her house and got her treated and learnt that she

Patna High Court Cr.Misc. No.8635 of 2018 (3) dt.26-03-2018 2/2 was assaulted while she was pregnant, on account of which she sustained injury on her chest and other places. The daughter of the informant had always complained about ill-treatment by her in-laws and husband. The daughter of the informant gave birth to a female child in the hospital, on which the petitioner became very angry and he did not come to see the child. The daughter of the informant died after 16 days of birth of child in the hospital. Learned counsel for the petitioner has submitted that it is mentioned in the medical report that she died on account of cardiopulmonary arrest and severe anemia.

From the written report itself, it appears that the daughter of the informant died just after one year of her marriage she was subjected to physical and mental torture by the petitioner. The petitioner did not take proper care when she was pregnant and did not visit to look to the female child on her birth. Therefore, this Court is not inclined to enlarge the petitioner, above named, on anticipatory bail. Accordingly, the prayer of the petitioner is rejected. (Sanjay Priya, J.)