Manoj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54131 of 2016 Arising Out of PS.Case No. -49 Year- 2015 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Manoj Singh, S/o Ram Babu Singh, Vill.- Chhupulia, P.S.- Baruraj, Dist.- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Sanjay Parasmani For the Opposite Party/s : Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 18-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Baruraj P.S. Case No. 49 of 2015 registered under Sections 304B, 328, 498A, 34 of the I.P.C. and 3⁄4 of the Dowry Prohibition Act pending in the Court of J.M., 1st Class, Muzaffarpur. The allegation against the petitioner, who is husband of the deceased, is of torture and assault due to non-fulfillment of demand of dowry, which ultimately led to her death by administering poison.

Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent. The deceased was suffering from diarrhea and died during treatment.

Patna High Court Cr.Misc. No.54131 of 2016 (3) dt.18-01-2017 2/2 Learned A.P.P. appearing on behalf of the State submits that on perusal of paragraph nos. 6, 7, 8, 9 and 10 of the case diary, it is apparent that the deceased was poisoned to death due to non-fulfillment of demand of motorcycle and Postmortem Report is kept reserved for opinion.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, this application is rejected.

(Arvind Srivastava, J) Shail/- U T