Patna High CourtCR. MISC./45197/2019dismissed

Anil Yadav @ Anil Kumar v. The State Of Bihar

2019-07-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45197 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- TEKARI District- Gaya ====================================================== Anil Yadav @ Anil Kumar, S/o Rambhajan Yadav, R/o village- Rajabigha, Dharamshala, P.S.- Tekari, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar, Advocate For the Opposite Party/s :

Mr. Gauri Shankar Gupta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-07-2019 This is an application for grant of anticipatory bail in connection with Tekari (Panchanpur) P.S. Case No.65 of 2019, disclosing offence under Section 304 B of IPC. Petitioner happens to be the husband of the deceased and the case is dowry death.

Submission of the learned counsel for the petitioner is that her statement was recorded by S.I. in ANMCH Hospital after the occurrence, in which she has stated that due to the dispute between her and the petitioner, she set herself on fire and as such, the prosecution case is false and concocted. Further submission is that the F.I.R. was lodged after one month delay. Heard learned A.P.P. also, who opposed the prayer for anticipatory bail on the ground that there is allegation of demand of dowry as well as torture and the accused persons have killed her by setting her on fire and the witnesses have

Patna High Court CR. MISC. No.45197 of 2019(2) dt.23-07-2019 2/2 supported the prosecution case, during the course of investigation.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, he may surrender before the learned court below and make prayer for regular bail.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T