Deepak Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 43028 of 2016 Arising Out of PS.Case No. -228 Year- 2015 Thana -SIMRI District- BUXAR ====================================================== Deepak Sah Son of Shri Ram Sah Resident of Village- Keshopur, Police Station- Simari (Tilak Raj Ka Hata), District Buxar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajendra Prasad Sah Mr. Surendra Kumar Choubey For the Opposite Party/s : Mr. Shailendra Kumar -1 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

13-12-2016 Heard Sri Rajendra Prasad Sah, learned counsel assisted by Sri Surendra Kumar Choubey, learned counsel for the petitioner and Sri Shailendra Kumar, learned Addl. Public Prosecutor.

The petitioner, husband of the deceased, has prayed for grant of bail in Simri P.S. Case No. 228 of 2015 registered for offence under Sections 498(A), 304(B), 201/34 of the Indian Penal Code.

It was submitted by learned counsel for the petitioner that wife of the petitioner was not happy with the marriage and she committed suicide and thereafter, the present case was falsely instituted, as if it was a case under Section 304(B) of the Indian Penal Code. Learned counsel for the petitioner tried to persuade

Patna High Court Cr.Misc. No.43028 of 2016 (3) dt.13-12-2016 2/2 the Court that even during investigation, the mother of the deceased had said that her daughter was not happy with the marriage. On aforesaid ground, a prayer has been made to grant bail.

Sri Shailendra Kumar, learned Addl.

Public Prosecutor, opposing the prayer for bail, submits that after the daughter of the informant was done to death, her dead body was disposed of and as such, on the dead body, even post-mortem examination could not be conducted.

Keeping in view the fact that petitioner is husband of the deceased and death has occurred within short period of the marriage, there is no reason to grant bail to the petitioner. The petition stands dismissed.

(Rakesh Kumar, J.) Anay U T