Dinesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43465 of 2019 Arising Out of PS. Case No.-11 Year-2019 Thana- KALYANPUR District- East Champaran ====================================================== DINESH DAS, age 34 years, Male, Son of Jai Narain Das Resident of Village - Barharwa, Mahanand, P.S.- Kalyanpur, Distt - East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bal Govind Sharma For the Opposite Party/s :

Mr. Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner as well as learned A.P.P.

Petitioner is the husband. It has been submitted at the end of learned counsel for the petitioner that the deceased had committed suicide. Police has found case true under section 306/34 I.P.C. and so, it is a fit case wherein the petitioner should be granted anticipatory bail. It has also been submitted that the marriage had solemnized in the year 2014. A son is there out of wedlock who is being cared by the petitioner. Learned A.P.P. opposed the same.

There happens to be an allegation that in the background of non-fulfillment of demand of dowry though, after selling a tempo Rs. 2 lacs was given by the prosecution party, deceased was done to death. There happens to be no

Patna High Court CR. MISC. No.43465 of 2019(4) dt.27-11-2019 2/2 material in the case diary to suggest that the police was informed at the end of the petitioner. The postmortem report speaks about death on account of Asphyxia due to hanging. Non-explanation at the end of the petitioner is another circumstance which dis-entitles him grant of anticipatory bail. The prayer for anticipatory bail is rejected. (Aditya Kumar Trivedi, J) Surendra/- U