Nand Keshwar Lal Varun v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36386 of 2021 Arising Out of PS. Case No.-38 Year-2021 Thana- BEN P.S. District- Nalanda ====================================================== NAND KESHWAR LAL VARUN Son of Ram Naresh Paswan Resident of Village - Beldari Par, P.O.- Eksara, P.S.- Ben, District - Nalanda ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-02-2022 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as learned APP for the State via video conferencing. The petitioner apprehends his arrest in connection with Ben P.S. Case No. 38 of 2021, registered for the offences punishable under Sections 304 (B) of the Indian Penal Code. The informant makes allegation against the present petitioner who is husband of the deceased that after marriage with daughter of the informant, the petitioner inflicted torture for non-fulfillment of dowry demand. One month prior to the occurrence he poured hot water on the person of the deceased.

Patna High Court CR. MISC. No.36386 of 2021(2) dt.03-02-2022 2/3 In the morning of 8th March, 2021 the petitioner told the informant on mobile phone that his daughter is no more. The informant rushed there and when he reached the matrimonial house of his daughter he saw dead body of his daughter on a bed.

Learned counsel for the petitioner has submitted that the petitioner was not residing at the house rather he was a Panchayat Supervisor in Tekari Block as has been mentioned in FIR. He has also submitted that as per allegation one month prior to the occurrence the petitioner poured hot water on the person of the deceased. But as per post-mortem report no scar mark was found on her person. His further submission is that the accused awaited arrival of the native inmates from Dhanbad which shows his innocence.

The learned Addl. Sessions Judge-Vth, Biharsharif, Nalanda, after mentioning the statement of witnesses in paragraph No. 7 and 8 of the case diary as well as the description of inquest report in Paragraph No. 5 of the case diary has mentioned that the deceased was done to death by her husband after strangulation.

Post-mortem report also shows that asphyxia due to hanging was found on the person of dead body.

Patna High Court CR. MISC. No.36386 of 2021(2) dt.03-02-2022 3/3 Considering the above-mentioned facts and circumstances, specially the fact that there is direction allegation against the petitioner that prior to the death he was inflicting torture upon the deceased, I am not inclined to grant anticipatory bail to the present petitioner.

Accordingly, it is rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T