Chandan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.19627 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19627 of 2017 Arising Out of PS.Case No. -296 Year- 2016 Thana -VAISHALI District- VAISHALI(HAJIPUR) ======================================================

1. Chandan Kumar Son of Rama Shankar Singh, Resident of Village- Jarang Rampur, P.S.- Vaishali (Belsar O.P.), District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Babita Kumari For the Opposite Party/s : Mr. Pawan Kumar Chaurasiya ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in Vaishali (Belsar O.P.) P.S. Case No.296 of 2016 instituted for the offences under Sections 304 B/34 of the Indian Penal Code. Petitioner is the husband and allegation of torture has been made against him.

Learned counsel for the petitioner submits that it was a case of natural death. Victim was admitted in the hospital, later on she was referred to P.M.C.H and in the way she died. Postmortem was conducted, viscera was preserved and as per Forensic Science Laboratory nothing has been found. . In such view of the matter, this Court is not inclined to

Patna High Court Cr.Misc. No.19627 of 2017 (2) dt.06-07-2017 enlarge the petitioner on anticipatory bail. Accordingly the prayer for bail is rejected. However, if the petitioner surrenders before the court below within a period of three weeks, the court below will pass an order on the same on its own merit without being prejudiced by the order passed by this Court. While considering the bail, the court below will examine all the evidences including post-mortem report and viscera. (Shivaji Pandey, J) Vinay/- U T