Md. Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18647 of 2015 Arising Out of PS.Case No. -87 Year- 2014 Thana -CHANDRADEEP District- JAMUI ====================================================== Md. Kalam. Son of Salam. Resident of Village - Tailar, P.S.- Chandradeep, District - Jamui.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Satya Prakash Parasar For the Opposite Party/s : Mr. Binod Kumar 2 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE MIHIR KUMAR JHA ORAL ORDER 15-06-2015 Having regard to the nature of allegation for offence under Section 302/34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act, this Court, finding that the petitioner, husband, whose wife was found to have died out of burn injury, is not inclined to grant privilege of anticipatory bail. The submission of the learned counsel for the petitioner that the police had filed the charge-sheet only under Section 306 of the Indian Penal Code cannot take away the responsibility that the petitioner was to share in capacity of husband.

That being so, the prayer for anticipatory bail of the petitioner, namely, Md. Kalam, is rejected.

The petitioner, however, may surrender before the

Patna High Court Cr.Misc. No.18647 of 2015 (2) dt.15-06-2015 court below and make prayer of regular bail.

In case the petitioner surrenders, the prayer for regular bail shall be considered on his own merit without being prejudiced by this order.

(Mihir Kumar Jha, J) Rishi/- U T