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Patna High CourtCR. MISC./78691/2018dismissed

Anil Kushwaha v. The State Of Bihar

2019-01-10Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78691 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- PALANWA District- East Champaran ====================================================== Anil Kushwaha S/o Late Bhagwati Mahto Resident of Village-Mudwa,P.S. Palanwa,Distt.-E.Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar No-1 For the Opposite Party/s :

Mr.Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 This application, for grant of anticipatory bail, arises out of Palanwa P.S. Case No. 84/18, disclosing offences under Sections 304(B), 201/34 of the Indian Penal Code. Petitioner happens to be husband of the deceased and allegation against him is of causing dowry death of the deceased.

Submission of learned counsel for the petitioner is that in fact the deceased was suffering from epilepsy and due to which she fell down and became unconscious and died and the petitioner has falsely been roped in the present case. Learned counsel for the State opposed the prayer for bail and submitted that the petitioner without informing the informant and other family members of the deceased tried to dispose of the dead body of the decceased.

Patna High Court Cr.Misc. No.78691 of 2018(2) dt.10-01-2019 2/2 Having heard both sides, considering the facts and circumstances as well as the nature of accusation, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T