Anand Mishra @ Anand Kumar Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 34799 of 2023 Arising Out of PS. Case No.-841 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== ANAND MISHRA @ ANAND KUMAR MISHRA S/o of Radhey Shyam Mishra Resident of Village- Rampur, P.S.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Sanjeev Kumar, Advocate For the S t a t e :

Mr Raj Ballabh Singh, APP For the I n f o r m a n t :

M/s A K Shrivastav, Amrit Kirti, Advocates ====================================================== CORAM: HONOURABLE MR JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2023 Heard learned counsel for the petitioner, informant and the learned APP.

2 The petitioner apprehends arrest in Shikarpur PS Case No 841 of 2022 registered for the offence punishable under Sections 304B, 201/34 of Indian Penal Code. 3 As per the prosecution case, the daughter of the informant was married with the petitioner in the year 2021. Due to non-fulfillment of dowry, she was subjected to cruelty and harassment and ultimately on 02.08.2022, all the accused persons assaulted her as a result of which blood started coming from her private part and during the course of treatment, she died.

4 Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.34799 of 2023(5) dt.29-08-2023 2/2 petitioner is innocent and has been falsely implicated in this case. The informant, his son and other family members took part in the funereal ceremony of the deceased and, as such, it is not correct to say that the informant was not present at the time of occurrence. The deceased died during treatment. In support of the same, the petitioner has annexed certificate of the doctor as Annexures 5 and 6 series.

5 Learned APP and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail. It is submitted on behalf of the informant that there is specific allegation against the petitioner that due to non-fulfillment of demand of dowry, he killed the daughter of the informant. 6 Considering the facts that petitioner is husband of deceased and there is specific allegation that this petitioner demanded dowry, and due to non-fulfillment of dowry, killed the deceased, the deceased died within seven years of marriage in unnatural circumstances in her matrimonial home, I do not find it a fit case for grant of anticipatory bail. The same is rejected.

(Prabhat Kumar Singh, J) M.E.H./- U T