Mukesh Rai @ Mukesh Rai Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50409 of 2018 Arising Out of PS.Case No. -16 Year- 2018 Thana -PURANHIA District- SHEOHAR ======================================================

1. Mukesh Rai @ Mukesh Rai Yadav S/o Vinod Rai Yadav, R/o Vill.- Kothiya Tola Bakhar Chandiha, P.S.- Puranhia, Distt.- Sheohar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Harendra Kumar For the Opposite Party/s : Mr. Sri Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 The petitioner is apprehending his arrest in connection with Puranhia P.S. Case No. 16/2018, registered for offences punishable under Sections 304-B, 306, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be the husband of the deceased, is of commission of dowry death of the deceased.

Submission of learned counsel for the petitioner is that no case under Section 304-B is made out against the petitioner as he was not present at the place of occurrence and he was residing in Punjab and it is alleged that on phone he used to abuse his wife but the said allegation is also false and concocted, which will appear from the fact that no phone number is mentioned in the

Patna High Court Cr.Misc. No.50409 of 2018 (2) dt.31-08-2018 2/2 F.I.R.

Heard learned A.P.P. also who opposed the prayer for anticipatory bail of the petitioner by stating that the allegation of demand of dowry is also against the petitioner. Having heard both sides, considering the facts and circumstances as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner rather he should surrender before the court below and pray for regular bail, which would be considered on its own merit without being prejudiced by order of this Court.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) sunil/Amjad/- U T