Patna High CourtCR. MISC./15356/2016rejected

Birgun Sah v. The State Of Bihar

2016-05-16Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15356 of 2016 Arising Out of PS.Case No. -143 Year- 2013 Thana -JAMOBAZAR District- SIWAN ======================================================

1. Birgun Sah, Son of Sri Bhagwan Sah, Resident of Village- Madhopur, Tole, Mathia, P.S. Jamo Bazar, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar For the Opposite Party/s : Mr. Yogendra Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-05-2016 Heard both sides.

The petitioner apprehends his arrest in a case under Section 306, 201/34 of the Indian Penal Code. Chowkidar is the informant of the case. The informant alleged that Sima Devi, wife of the petitioner, on being subjected to different sorts of torture, committed suicide with her two children.

It is submitted that petitioner is husband of the deceased. The petitioner was in the foreign country on the date of occurrence. There is allegation that father, mother and other family members of the petitioner also subjected the deceased to different sorts of torture compelling her to commit suicide but they have been granted anticipatory bail by this court on different dates.

Patna High Court Cr.Misc. No.15356 of 2016 (4) dt.16-05-2016 2/2 Learned Additional Public Prosecutor, however, opposed the prayer for anticipatory bail.

Petitioner is the husband and there is specific allegation that petitioner also subjected his wife to different sorts of torture and also put her to cruelty for giving birth to female child on account of which she committed suicide with her two children.

Considering the facts aforesaid and the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T