Patna High CourtCR. MISC./40644/2021dismissed

Sikander Kumar @ Sikander Ram v. The State Of Bihar

2021-11-29Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40644 of 2021 Arising Out of PS. Case No.-7 Year-2021 Thana- BEN P.S. District- Nalanda ====================================================== SIKANDER KUMAR @ SIKANDER RAM S/O RAM PRASAD RAM @ RAM PRASAD R/o village- Jhandu Bigha, P.S.- Ben, Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr.Amresh Kumar Sinha, Advocate For the State :

Mr.Mohammed Arif, APP For the informant :

Mr.Pankaj Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 29-11-2021 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Ben P.S. case No.07/2021 registered under Sections 304(B)/34 of the Indian Penal Code, pending in the court of A.C.J.M. 1, Nalanda at Biharsharif.

Allegation is that the accused persons including the petitioner caused death of the sister of the informant due to nonfulfilment of demand of dowry. It has been submitted on behalf of the petitioner that

Patna High Court CR. MISC. No.40644 of 2021(3) dt.29-11-2021 2/2 the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. On behalf of the State and counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased.

Considering the nature of accusation, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected.

If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T