Bhola Mishra @ Damdam @ Bhola @ Damdam Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21410 of 2018 Arising Out of PS.Case No. -102 Year- 2017 Thana -TEKARI District- GAYA ====================================================== Bhola Mishra @ Damdam @ Bhola @ Damdam Mishra Son of Nakul Mishra, Resident of Village-Bhainsmara, Police Station-Tekari, DistrictGaya. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-05-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends arrest in connection with Tekari P.S. Case No. 102 of 2017, registered for the offence punishable under Sections-304(B), 201, 120(B) and 34 of the Indian Penal Code and Section-3/4 of Dowry Prohibition Act. Petitioner is the husband of the deceased.

There is allegation in the written report that after marriage, the daughter of the informant was tortured in her Sasural by this petitioner and other family members for demand of dowry. The informant went to her daughter's Sasural and showed his inability in fulfilling the demand of dowry and tried to pacify the matter. Thereafter, on 12-11-2015, after Bidagiri, daughter of

Patna High Court Cr.Misc. No.21410 of 2018 (3) dt.16-05-2018 the informant was taken to her Sasural. It is alleged that daughter of the informant also informed on telephone that she has been tortured in her Sasural by the accused for demand of dowry. The informant has also alleged he was informed on telephone by her daughter that she is being tortured and she may be killed for demand of dowry. On 16-03-2017, the father of the petitioner informed the informant that his daughter has suffered injury after slipping from the stair. When the informant reached the Sasural of his daughter, some villagers told him that accused persons including the petitioner has cremated the dead body of his daughter on 15-03-2017.

As such, there is direct allegation against the petitioner. Therefore, this court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail of petitioner is rejected.

The petitioner is directed to surrender in the court below and seek regular bail which will be considered and disposed of on its own merit in accordance with law without being prejudiced by this order.

(Sanjay Priya, J) A.K.V./- U T