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Patna High CourtCR. MISC./49239/2019dismissed

Indrajeet Kumar v. The State Of Bihar

2019-10-24Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49239 of 2019 Arising Out of PS. Case No.-93 Year-2018 Thana- SARAI District- Vaishali ====================================================== INDRAJEET KUMAR Son of Yugal Kishore Sharma Resident of Village - Rampur Ratnakar, P.S.- Sarai, Dist.- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Alok For the Opposite Party/s :

Mr.Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-10-2019 Petitioner seeks bail in anticipation of his arrest in connection with Sarai P.S. Case No. 93 of 2018 registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

As per FIR allegation against the petitioner, who happens to be husband, is that he has caused death of the deceased and there is also allegation that he demanded four wheeler.

Submission of learned counsel for the petitioner is that as a matter of fact she committed suicide and marriage of petitioner with the deceased was solemnized in the year 2008 and petitioner has taken her to hospital for treatment and he has informed her family members about her death.

Heard learned APP, who has opposed the prayer for

Patna High Court CR. MISC. No.49239 of 2019(3) dt.24-10-2019 2/2 anticipatory bail on the ground that there is allegation of demand and moreover there is absolutely nothing to show that petitioner has brought the deceased to the hospital and death is caused due to unnatural circumstance, though it is admitted that death is beyond seven years of marriage.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order after considering the materials available in the case diary.

This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) spal/- U T