Santosh Chauhan @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53437 of 2021 Arising Out of PS. Case No.-274 Year-2020 Thana- HISUWA District- Nawada ====================================================== Santosh Chauhan @ Santosh Kumar Son Of Raj Kumar Chauhan R/O Village- Daulatpur, P.S.- Hisua, District- Nawada ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar, Advocate For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-02-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Hisua P.S. Case No. 274 of 2020 registered under Section 304(B), 201/34 of the Indian Penal Code.

Allegation against the accused persons is of committing torture and assault and thereafter caused death of the victim due to non-fulfilment of demand of dowry. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no eye witness to the alleged occurrence. General and omnibus allegation has been made against the

Patna High Court CR. MISC. No.53437 of 2021(4) dt.24-02-2022 2/2 petitioner. No specific overt act is alleged against the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. The petitioner is husband of the deceased and, as such, onus is on him to explain the cause of death of his wife.

Considering the same, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected. (Sudhir Singh, J) Pankaj/- U T