Patna High CourtCR. MISC./17189/2017rejected

Shyam Kumar Sharma v. The State Of Bihar

2017-06-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17189 of 2017 Arising Out of PS.Case No. -16 Year- 2017 Thana -DARIYAPUR District- SARAN ======================================================

1. Shyam Kumar Sharma S/o Gautam Sharma resident of Village - Bela Sharma Tola, P.S. Dariyapur, District - Saran. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s : Md. Ansarul Haque, APP For the Informant :

Mr. S.K. Singh, Advcoate Mr. Randhir Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2017 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 offence punishable under Section 304B of the Indian Penal Code.

Petitioner is husband of victim Kiran Devi, who died within seven years of marriage in her matrimonial house in unnatural circumstances.

Allegation is of demand of dowry and torture for the same before death of the victim. Further allegation is that she was throttled to death by tying her neck with rope. Submission of learned counsel for the petitioner is that

Patna High Court Cr.Misc. No.17189 of 2017 (3) dt.22-06-2017 2/2 the victim was mother of a child. She was suffering from mental disorder and for that reason she might have committed suicide. The doctor has found a case of hanging as per post mortem report. On the other hand, learned counsel for the informant as well State opposed the prayer on the ground that other witnesses have also supported the allegation of demand of dowry and torture for the same. In case of dowry death it is immaterial whether death was caused by throttling or hanging or it was a case of suicide.

Considering the nature and seriousness of allegation, I am not inclined to grant anticipatory bail to the petitioner in connection with Dariyapur Police Station Case No. 16 of 2017, pending in the Court of learned Chief Judicial Magistrate, Saran at Chapra/Successor Court. Hence, the prayer for anticipatory bail is refused.

(Birendra Kumar, J) Mkr./- U T