Chandan Kumar @ Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41846 of 2019 Arising Out of PS. Case No.-300 Year-2018 Thana- RANIYATALAB District- Patna ====================================================== Chandan Kumar @ Sunil Kumar (male) aged about 36 years, Son of Krishna Yadav @ Nanhak Resident of Village - Raghunathpur, Mathiya Tola, P.S.- Rani Talab, District - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Parashuram Singh For the Opposite Party/s :

Ms.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-08-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is seeking anticipatory bail in connection with Rani Talab P.S. Case No. 300/2018 registered under Sections 302/34 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, 1st Class, Danapur. Learned counsel for the petitioner submits that petitioner is the husband of the deceased. It is submitted from Annexure '2' it would appear that the informant had himself stated in the written complaint submitted to the Officer-Incharge of the police station that his daughter had committed suicide by hanging herself and nobody is responsible for the same. It is submitted that some of the co-accused have been granted privilege of anticipatory bail by learned coordinate

Patna High Court CR. MISC. No.41846 of 2019(3) dt.20-08-2019 2/3 Bench of this court in Cr. Misc. No. 9540/2019 and Cr. Misc. No. 26772/2019.

It is further submitted that there has been a settlement between the parties and one petition (Annexure '5') has been filed in the court of learned Chief Judicial Magistrate at Danapur to record compromise.

On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioner. It is submitted that from the written complaint itself it will appear that there had been some altercation between the petitioner and his wife and because of that she seems to have committed suicide in tension. It is submitted that petitioner being husband does not deserve the privilege of anticipatory bail. Having heard learned counsel for the petitioner and learned A.P.P. for the State, this court is of the considered opinion that in the given facts and circumstances where it is alleged by the informant that there had been some altercation between his daughter and her husband then thereafter in some tensed condition she had allegedly committed suicide, the petitioner does not deserve privilege of anticipatory bail. The prayer for anticipatory bail of the petitioner is rejected.

Patna High Court CR. MISC. No.41846 of 2019(3) dt.20-08-2019 3/3 In case, the petitioner surrenders before the court below and prays for regular bail within a period of four weeks from today, his prayer for regular bail shall be considered by the court below considering the facts and circumstances of the case particularly that the informant himself has stated that his daughter has committed suicide.

This application stands disposed of accordingly. (Rajeev Ranjan Prasad, J) Rajeev/- U T