Patna High CourtCR. MISC./37100/2019dismissed

Ramesh Kumar @ Dabaloo Kumar v. The State Of Bihar

2019-10-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37100 of 2019 Arising Out of PS. Case No.-471 Year-2018 Thana- DHANARUA District- Patna ====================================================== RAMESH KUMAR @ DABALOO KUMAR Son of Shri Ashok Rai. Resident of Village - Mai Maner, P.S.- Dhanarua, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Phulen Yadav For the Opposite Party/s :

Mr.Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Dhanarua Police Station Case No.471 of 2018 registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

Petitioner happens to be the husband of the deceased of dowry death.

Submission of learned counsel for the petitioner is that there is no allegation of demand of dowry and torture for the same. Rather petitioner was working outside and as a matter of fact she has committed suicide by taking poison. The postmortem report also shows that the cause of death is not ascertained and viscera report has been preserved. On the other hand, heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that

Patna High Court CR. MISC. No.37100 of 2019(5) dt.24-10-2019 2/2 the witnesses during investigation has supported the prosecution case. The deceased is the wife of the petitioner and her dead body was found in the house.

Having heard both sides and in view of the facts as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, above named. However, if the petitioner surrenders and pray for regular bail, the same shall be considered on the basis of material available on the record. With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) abhishek/- U T