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Patna High CourtCR. MISC./28713/2019dismissed

Santosh Kumar v. The State Of Bihar

2019-05-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28713 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- CHANDI District- Bhojpur ====================================================== SANTOSH KUMAR Son of Nagendra Singh Resident of Village - Ramdihal Tola, P.S.- Chandi, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anant Kumar Pandey For the Opposite Party/s :

Mr.Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-05-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Chandi P.S. Case No. 137 of 2018, disclosing the offence under Section 304(B)/34 of the Indian Penal Code.

The petitioner is the husband of the deceased, who was married to him nearly five months before the date of occurrence. There is allegation of demand of dowry and the death of the deceased in an unnatural circumstance. The case under Section 304(B) is, thus, made out.

In my view, no case for grant of anticipatory bail is made out. This application is accordingly dismissed. However, the petitioner is directed to surrender in the court below within four weeks from today and seek regular bail,

Patna High Court CR. MISC. No.28713 of 2019(2) dt.01-05-2019 2/2 if so advised. If he does so, the court below shall consider his prayer for regular bail on its own merit, without being prejudiced by the rejection of the present anticipatory bail application.

(Chakradhari Sharan Singh, J) HR/- U T