Amarnath Kumar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36405 of 2020 Arising Out of PS. Case No.-40 Year-2018 Thana- BANDEYA District- Aurangabad ====================================================== Amarnath Kumar Sao Son of Ram Naresh Saw Resident of Village - Malhad, P.S. - Bandeya, District - Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shailesh Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 09-04-2021 Heard both sides.

The petitioner apprehends his arrest in Bandeya P.S. Case No.40 of 2018 registered under Sections 304B and 120B of the Indian Penal Code.

The informant alleged that petitioner being the husband and other in-laws forcibly asked his daughter to take tea mixed with poison and consequently his daughter died. The learned counsel for the petitioner submits that petitioner is the husband of the deceased. Petitioner has good relation with her. Petitioner took his wife to Patna for her appearance at the Group D examination but she fell ill and she was under treatment but it appears from perusal of the order of the learned Sessions Judge that the post-mortem on the body of the deceased was held. From the examination of the viscera

Patna High Court CR. MISC. No.36405 of 2020(2) dt.09-04-2021 2/2 report, Aluminium Phosphide Celphos was found and deceased died on account of consumption of Aluminium Phosphide Celphos. It is further submitted that F.I.R. was lodged after one month.

Taking into consideration the facts aforesaid and nature of allegation made against the petitioner and the fact that petitioner forced his wife to take tea before leaving the house but the tea was mixed with poison and immediately after consuming tea the wife of the petitioner died, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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