Tabarak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28721 of 2015 Arising Out of PS.Case No. -134 Year- 2014 Thana -JOKIHAT District- ARRARIA ====================================================== Tabarak S/o Faruque resident of village - Satbikta, P.S. - Jokihat, District - Araria.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Kundan Kumar Singh For the Opposite Party/s : Dr. Ajeet Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 24-07-2015 Heard both sides.

The petitioner apprehends his arrest in a case under Section 302 and other sections of the Indian Penal Code. There is specific allegation against the petitioner that he assaulted his wife who subsequently died. It is submitted that there is no such injury on the person of the deceased on the basis of which it can be gathered that the deceased died on account of the assault inflicted by the petitioner.

Considering the nature of allegations and the fact that the petitioner assaulted his wife and some bruises are found on the person of deceased in the post-mortem report, I am not inclined to enlarge the petitioner on anticipatory bail in Jokihat P.S. Case No. 134 of 2014. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) Dilip/- U T