Md. Hadish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63145 of 2018 Arising Out of PS. Case No.-331 Year-2017 Thana- VAISHALI District- Vaishali ====================================================== Md. Hadish Son of late Abdul Mazid Resident of Village- Repura, P.S.- Vaishali, District- Vaishali at HajipurBihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Sri Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-05-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Vaishali P.S. Case No. 331 of 2017 for the offences punishable under Section 304 (B) of the Indian Penal Code. Petitioner happens to be the father-in-law of the daughter of the informant. He is said to have strangulated to death the daughter of the informant within five months of the marriage in her marital house. The husband of the informant resides outside of the state for his livelihood. Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. Petitioner has been falsely implicated in the aforesaid case. He has informed the

Patna High Court CR. MISC. No.63145 of 2018(4) dt.06-05-2019 2/2 informant immediately after death of the deceased. Petitioner is father-in-law of the deceased, he is 70 years old. He has never made any sorts of demand of dowry. As a matter of fact, the victim (deceased) committed suicide by hanging her from the ceiling. Petitioner has no criminal antecedent. On the other hand, learned A.P.P. for the State vehemently opposed the bail petition and submitted that only petitioner and deceased used to live in the house. Deceased died due to unnatural death in her marital house so burden lies upon the petitioner to explain the aforesaid occurrence but petitioner has failed to discharge the aforesaid burden. Postmortem report indicates that ligature mark was found on the neck of the deceased and doctor has opined the cause of death as asphyxia due to hanging.

Having regard to the facts and circumstances of the case, the Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for anticipatory bail, is hereby rejected.

(Prakash Chandra Jaiswal, J) T.Kr./- U T