Mithilesh Sah v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.330 of 2015 Arising Out of PS.Case No. -59 Year- 2014 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Mithilesh Sah, Son of Janardan Sah, Resident of Village - Sikandarpur, P.S.- Sangrampur, District - East Champaran, Motihari. .... .... Petitioner/s

Versus

1. State of Bihar

2. Fuldeo Sah @ Fuli Sah Resident of Village - Bisunpura, P.S.- Harisidhi, District - Motihari. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate. For the Opposite Party/s : Mr. S.Eheteshmuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-01-2015 Heard both sides.

The petitioner Mithilesh Sah apprehends his arrest in Sangrampur P.S. Case No. 59 of 2014, registered for the offences punishable under Section 304B and other Sections of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act. Learned counsel for the petitioner submits that the petitioner is the husband. The wife of the petitioner was treated in Primary Health Centre and thereafter referred to District Hospital Motihari where she died. When the informant came to know about the truth he filed a compromise petition.

It appears that the informant father of the deceased made specific allegation that the petitioner and others killed his

Patna High Court Cr.Misc. No.330 of 2015 (2) dt.08-01-2015 daughter on account of non-fulfillment of demand of dowry. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks and the court below shall consider the prayer for bail of the petitioner without being prejudiced by this order.

(Prabhat Kumar Jha, J.) KKSINHA/- U T