Ajay Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.29283 of 2016 (2) dt.29-08-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29283 of 2016 Arising Out of PS.Case No. -106 Year- 2016 Thana -ALAMGANJ District- PATNA ====================================================== Ajay Kumar s/o Late Brij Mohan Prasad r/o Mohalla - Belwarganj, P.S. Alamganj, District - Patna.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Kumar For the Opposite Party/s : Mr. Sri Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 29-08-2016 Heard the counsel for the petitioner and the State. The petitioner is facing criminal charge in Alamganj P.S. Case No. 106 of 2016 registered under Section 326/302 of the Indian Penal Code.

The petitioner is the husband of the deceased. The First Information Report is lodged by the father-in-law alleging that since the marriage of her daughter with the petitioner, she was being subjected to cruelty by the husband on diverse occasions. On the date of occurrence, the son of the informant had gone to the house of the sister, whereafter it was informed that the victim had consumed acid. Further allegation is that the petitioner administered acid to her. The victim was carried to the hospital, where she died.

Patna High Court Cr.Misc. No.29283 of 2016 (2) dt.29-08-2016 Contention of the petitioner is that looking to the First Information Report, it would appear that the victim herself consumed acid. She was brought to hospital for treatment. Only upon her death, the First Information Report was lodged. Petitioner is entitled to grant of anticipatory bail. Learned APP opposed the prayer and submitted with reference to the allegations in the First Information Report that on numerous occasions, the victim was tortured by the husband. It may be a case where she was abetted to commit suicide, which again is a serious offence.

Looking to the nature of the allegations and other materials reflected from the record, I am not persuaded to extend the privilege of anticipatory bail to the petitioner. The prayer is rejected.

(Kishore Kumar Mandal, J) rohit/- U T