Patna High CourtCR. MISC./43843/2023dismissed

Hemant Kumar Singh @ Hemant Kumar v. The State Of Bihar

2023-08-22Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43843 of 2023 Arising Out of PS. Case No.-73 Year-2023 Thana- CHAPRA MUFFASIL District- Saran ====================================================== HEMANT KUMAR SINGH @ HEMANT KUMAR Son of Anand Kumar Singh @ Mantu Singh Resident of village - Dhanaura, P.s. - Awtarnagar, Distt. - Saran and at Present Mohalla - Kuldeep Nagar, P.s. - Chapra Mufassil, Distt. - Saran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Tej Narayan Singh For the Opposite Party/s :

Mr.Md. Mushtaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, informant alleged that his daughter had been murdered in her matrimonial house by petitioner and other accused persons over non-fulfillment of dowry demand of Rs.5.00 Lakhs.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Learned counsel for the petitioner further submits that the petitioner is not present at the place of occurrence and petitioner

Patna High Court CR. MISC. No.43843 of 2023(2) dt.22-08-2023 2/2 was treated in Nasha Muki Centre, as annexed Annexure-4 of the bail application. He further submits that petitioner have got no criminal antecedent, as stated in para-3 of the bail application.

5. Learned APP for the State opposes for prayer for bail. He submits that petitioner is the husband of the deceased, so he must not be enlarged on privilege of anticipatory bail.

6. Considering this fact that the petitioner is husband of the deceased, I am not inclined to grant anticipatory bail to the petitioner. Therefore, the prayer for anticipatory bail of this petitioner is dismissed.

(Anjani Kumar Sharan, J) sanjeev/- U T