Jitendra Chauhan @ Chhotu Chauhan v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.49684 of 2016 (3) dt.10-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49684 of 2016 Arising Out of PS.Case No. -182 Year- 2016 Thana -SIRDALA District- NAWADA ======================================================
1. Jitendra Chauhan @ Chhotu Chauhan son of Late Ram Swarup Chauhan resident of Village-Rabio Beldari, P.S.-Sirdalla and Distt.-Nawada. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Mahavir Chauhan son of Late Bhojal Chauhan resident of village-Jogi Bigha, P.S.-Dhamaul O.P., Ditrict-Nawada.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anirudh Kumar Verma For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.
The application is for grant of anticipatory bail for the offence under Sections 304/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the petitioner is husband and as a matter of fact, the deceased died due to illness and she informed to the informant and others also. It has further been submitted that even the cause of death does not appear from the impugned order or from the FIR. Further, it has been submitted that the informant has himself filed application before the learned Sessions Judge that the case has
Patna High Court Cr.Misc. No.49684 of 2016 (3) dt.10-01-2017 been filed due to misconception and the deceased died due to fever.
Heard learned A.P.P. also.
From perusal of the impugned order, it appears that inquest report shows that the death of the deceased was due to poison and there is allegation of demand of dowry also. In view of the facts as stated above, I am not inclined to grant anticipatory bail to the petitioner, let the petitioner surrender and make prayer for regular bail before the court below, which will be considered on the basis of materials available on the record and also considering the postmortem report of the deceased.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) chn/- U