Patna High CourtCR. MISC./11096/2017rejected

Mukesh Sah v. The State Of Bihar

2017-04-27Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11096 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -BARURAJ District- MUZAFFARPUR ====================================================== Mukesh Sah, Son of Nandu Sah, resident of Village- Mahamada Kharwa Tola, P.S.- Baruraj, District- Muzaffarpur.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ganesh Prasad Singh For the Opposite Party/s : Mr. Md. Nazir Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 27-04-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

Petitioner is the husband of Soni Kumari who allegedly died due to torture on account of non-fulfillment of dowry demand.

Submission of the petitioner is that some other coaccused were allowed anticipatory bail in Cr.Misc.No.1923 of 2017 by a coordinate Bench of this Court considering the fact that they were separate from the deceased and her husband and there was no specific allegation against them. Further submission is that

Patna High Court Cr.Misc. No.11096 of 2017 (3) dt.27-04-2017 presumption of dowry death is not there as death was caused after 7 years of marriage. Submission is also that some of the witnesses have stated before the police that family members including the informant had participated in the cremation of the victim. Considering the nature of allegation, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, his prayer for anticipatory bail in connection with Baruraj P.S. Case No.43 of 2016 pending in the court of Shri A.K. Tiwary, the learned Judicial Magistrate-1st Class, Muzaffarpur is refused. (Birendra Kumar, J) Arvind/- U T