Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47963 of 2019 Arising Out of PS. Case No.-110 Year-2018 Thana- SALIMPUR District- Patna ====================================================== SANTOSH KUMAR, Son of Umesh Prasad, Resident of Village - Shahpur, P.S.- Salimpur, Khusrupur, District - Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tej Narayan Singh, Adv.

For the Opposite Party/s :

Mr.Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-08-2019 Heard learned counsel for the petitioner and the State. The petitioner, being the husband of the daughter of the informant, is apprehending arrest in a case registered for the offences punishable under Sections 304B/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Rajdeo Prasad dated 24.04.2018 submitted before the Station House Officer, Salimpur Police Station is to the effect that the daughter of the informant, namely, Khushbu Kumari was married with the petitioner two years prior to lodging of the present case. But subsequent to the marriage, further dowry demand of a motorcycle was made and due to non-fulfillment of the same, torture was inflicted upon the daughter of the informant. It is further alleged that

Patna High Court CR. MISC. No.47963 of 2019(2) dt.01-08-2019 2/3 on 13.04.2018, the informant after having received information to the effect that her daughter has been burnt by the petitioner and other in-laws person after pouring kerosene oil, reached to the in-laws' house of her daughter and found her daughter in burnt condition. Thereafter, the victim was taken to the hospital, but during course of treatment, the victim succumbed to her injuries.

It is submitted by learned counsel for the petitioner that the accusation is omnibus and general and a statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent. It is submitted by learned counsel for the State that the daughter of the informant was killed by the in-laws' family members, including the petitioner within two years of marriage. Moreover, the thrust of accusation is against the petitioner, being the husband of the victim.

Considering the fact that the victim died within two years of marriage and the thrust of accusation is against the petitioner, being the husband of the victim, the prayer for anticipatory bail of the petitioner is rejected. However, the learned Court below will consider the prayer for regular bail of the petitioner, if the petitioner

Patna High Court CR. MISC. No.47963 of 2019(2) dt.01-08-2019 3/3 surrenders within a period of six weeks in connection with Salimpur P.S. Case No. 110 of 2018, pending before the learned Judicial Magistrate, 1st Class, Barh. With the above observation, this application is, accordingly, disposed of.

(Dinesh Kumar Singh, J) Ashwini/- U T