Chandan Yadav @ Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44109 of 2019 Arising Out of PS. Case No.-333 Year-2019 Thana- LAKHISARAI District- Lakhisarai ====================================================== CHANDAN YADAV @ CHANDAN KUMAR Son of Madan Yadav Resident of Village - Rehua, P.S. and Distt - Lakhisarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This application, for grant of anticipatory bail, arises out of Lakhisarai P.S. Case No. 333 of 2019, disclosing offences under Sections 302, 201 and 120B of the Indian Penal Code.

Petitioner happens to be husband of the deceased and allegation against him is of causing death of the deceased and disposing of the dead body.

Submission of learned counsel for the petitioner is that the deceased was suffering from diarrhea and she was treated in hospital and at that time mother of the deceased was present as such the dead body was disposed of. Learned counsel for the State opposed the prayer for anticipatory bail and submitted that para - 15 of the case diary disclosed that the death is due to hanging, though in other

Patna High Court CR. MISC. No.44109 of 2019(4) dt.18-10-2019 2/2 paragraphs of case diary, it has also come that deceased died due to illness but before disposing of the dead body no information was given to the police.

Having heard both sides, considering the facts and circumstances and also the fact that petitioner is husband of the deceased, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner may surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T