Nitesh Kumar Singh v. The State Of Bihar

Patna High Court Cr.Misc. No.23386 of 2016 (4) dt.05-09-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23386 of 2016 Arising Out of PS.Case No. -359 Year- 2015 Thana -ARA MUFFSIL District- BHOJPUR ====================================================== Nitesh Kumar Singh Son of Murari Singh resident of village - Mahuli, P.S. Ara Muffasil, District - Bhojpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar For the Opposite Party/s : Mr. Kanhaiya Kishore(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-09-2016 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

The petitioner being the husband is apprehending his arrest in connection with Ara Muffasil P.S. Case No. 359 of 2015 for the offences registered under Sections 302 of the Indian Penal Code.

Case dairy of the present case was called for, which has since been received.

Learned counsel for the petitioner submits that earlier a case had been lodged by the informant of unnatural death but subsequently, as an afterthought, the mother of the victim lady has filed the present case.

Learned counsel for the State after perusal of the case diary submits that clearly the case of throttling has been

Patna High Court Cr.Misc. No.23386 of 2016 (4) dt.05-09-2016 reported in the postmortem report though the petitioner has submitted that victim lady died during the course of giving birth to the child. There is no such evidence found in the postmortem report.

In view of the aforesaid facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. It is, accordingly, rejected.

(Anjana Mishra, J) Jagdish/- U T