Kumar Shivnath v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.36479 of 2014 Arising Out of PS.Case No. -1608 Year- 2013 Thana -MUZFFARPUR COMPLAINT CASE District- MUZAFFARPUR ====================================================== Kumar Shivnath S/o Raghuvir Sah Resident of Village and P.O. Rajdharo, P.S. Kesariya and the District East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. Kumari Ranju W/o Kumar Shiv Nath, D/o Shiv Poojan Sah Resident of Village Retwara Hathu, P.S. Paru, District Muzaffarpur. .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 20-02-2015 Heard learned counsel for the parties.
Having regard to the nature of allegation against the petitioner for the offences punishable under Sections-323, 379, 354 and 498(A) of the Indian Penal Code and 3/4 of the Dowry Prohibition Act and the fact that the petitioner-husband is not only said to have allegedly committed the act of torture and cruelty an opposite party no. 2 but had also put pressure on his wife, the complainant, to withdraw the criminal case filed by her as has been also noted by the Sessions Judge in the impugned order dated 24.07.2014 in the following words:-
Patna High Court Cr.Misc. No.36479 of 2014 (2) dt.20-02-2015 "The wife appeared in court in presence of husband and she stated the above facts and she stated that if she will go again, the husband and his associates will kill her. She further stated that a week prior to today on two motorbikes, six persons have arrived at her parental home and threatened for withdrawing the case and further threatened that she will be killed if she goes beyond the wish and desire of husband."
this Court is not inclined to grant anticipatory bail to the petitioner specially when nothing at all has been said about the aforesaid findings of the Sessions Judge in his bail application.
That being so, the prayer for anticipatory bail of the petitioner is hereby rejected.
(Mihir Kumar Jha, J) Ranjan/- U