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Patna High CourtCR. MISC./52205/2018rejected

Amar Kumar v. The State Of Bihar

2018-11-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 52205 of 2018 Arising Out of PS. Case No.-17 Year-2018 Thana- CHANDRADIP District- Jamui ====================================================== Amar Kumar, son of Safendra @ Safendra Mandal @ Satyayendra @ Karu Mandal, resident of Bhaluyana, P.S. Chandradeep, District - Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-11-2018 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, 120B and 201/34 of the Indian Penal Code.

The wife of this petitioner died in unnatural circumstances within few years of her marriage in her matrimonial house. There is allegation of demand of dowry and torture for the same before death.

Submission of the learned counsel for the petitioner is that some witnesses have stated before the police that there was quarrel between the husband and wife for the reason that the victim wanted to be at Delhi along with petitioner for which the petitioner was not agreeable. In the circumstances, she committed suicide.

Patna High Court Cr.Misc. No.52205 of 2018(3) dt.26-11-2018 2/2 Learned counsel for the State submits that the family members of the deceased have supported demand of dowry and torture for the same soon before death.

Considering the entire facts of this case, in my view, the petitioner does not deserve anticipatory bail in connection with Chandradeep Police Station Case No. 17 of 2018 pending in the court of learned 1st Additional Chief Judicial Magistrate, Jamui. Hence, prayer for anticipatory bail is refused. Petitioner may surrender within a period of three weeks from today and pray for regular bail.

(Birendra Kumar, J) Kundan/- U T