Guddu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34283 of 2018 Arising Out of PS.Case No. -172 Year- 2016 Thana -BELA District- SITAMARHI ======================================================

1. Guddu Rai, S/o Jageshwar Rai @ Mithu Rai, R/o Village- Chandi Rajwara, P.S.- Bela, District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-06-2018 Heard both sides.

The petitioner apprehends his arrest in Bela P.S. case No. 172/16 for the offences punishable under Section 304(B) of the Indian Penal Code.

The informant alleged that his daughter was married to the petitioner but the petitioner was always subjecting his wife to different sorts of torture due to non fulfillment of demand of dowry and strangulated his wife to death.

The learned counsel for the petitioner submits that, of course, the petitioner is husband of the deceased but the deceased herself committed suicide. No other injury was found on the person of the deceased. The petitioner informed his father- in - law and other in -laws about the occurrence. Post mortem was

Patna High Court Cr.Misc. No.34283 of 2018 (2) dt.29-06-2018 2/2 held and it transpired that the deceased died due to asphyxia but it appears that that there is specific allegation against the petitioner that he strangulated his wife to death and post mortem report also shows strangulation mark on neck and death was caused due to asphyxia.

Having considered the facts aforesaid and the fact that petitioner is husband of the deceased, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T