Suman Kumar @ Rocky Kumar @ Raiky Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43586 of 2017 Arising Out of PS.Case No. -75 Year- 2016 Thana -MARANCHI District- PATNA ======================================================

1. SUMAN KUMAR @ ROCKY KUMAR @ RAIKY KUMAR Son of Awadesh Singh Resident of Village: Rampur Dumra, P.S: Maranchi, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nand Kishore Singh For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-01-2018 Heard both sides.

The petitioner apprehends his arrest in Maranchi P.S. case No. 75 of 2016 for the offences punishable under Section 304B/34 of the Indian Penal Code.

The informant, brother of the deceased, alleged that his sister was married to the petitioner in the year 2009 but the petitioner and other in-laws of his sister used to subject her to different sorts of torture due to non fulfillment of demand of dowry. The informant further alleged that his sister was done to death on 15.11.2016.

Sri Vikash Kumar Sharma, the learned counsel for the petitioner, submits that the marriage was solemnized in the month of May, 2009. She died admittedly after seven years of the marriage. It has come during the course of investigation that the deceased herself committed suicide as the door was found locked from inside. Her dead body was found hanging in a ceiling fan and

Patna High Court Cr.Misc. No.43586 of 2017 (3) dt.02-01-2018 2/2 the door was opened from outside after getting the information that dead body of deceased was hanging. It is further submitted that petitioner took his wife to hospital but the doctor declared her brought dead. It is not a case of dowry death rather the deceased, on account of same family dispute, committed suicide. The petitioner is the sole member to look after his minor children. The learned A.P.P., however, opposed the prayer for anticipatory bail.

From perusal of the FIR, it appears that brother of the deceased made specific allegation that the petitioner used to subject his wife to different sorts of torture due to non fulfillment of demand of dowry. The informant came to know from the doctor that his sister was brought to hospital but she was dead. During the course of investigation, the witnesses have also stated that there was some quarrelling in the family.

Considering the nature of allegation made against the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T