Patna High CourtCR. MISC./3498/2015dismissed

Dhananjay Kumar Singh @ Dhananjay Kumar @ Dhananjay Singh v. State Of Bihar And ANR

2015-01-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3498 of 2015 Arising Out of PS.Case No. -66 Year- 2014 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Dhananjay Kumar Singh @ Dhananjay Kumar @ Dhananjay Singh S/O Rajbanshi Singh Resident of vill-Phakuli,P.S-Chapra(M),Distt.-Saran .... .... Petitioner/s

Versus

1. The State of Bihar

2. Hira Kuer W/O Late Ram Pravesh Singh Resident of vill-Dumari,P.SKhaira,Distt.-Saran .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Jay Narayan Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-01-2015 Heard both sides.

The petitioner apprehends his arrest in Chapra (Mufassil) P.S. Case No. 66 of 2014, registered for the offences punishable under Sections 304B, 201 and 34 of the Indian Penal Code.

Mother of the deceased Sandhya Devi made allegation that her daughter was married to the petitioner Dhananjay Kumar Singh @ Dhananjay Kumar @ Dhananjay Singh, but immediately after marriage her daughter was subjected to different sorts of torture on account of nonfulfillment of demand of dowry. She further alleged that ultimately her daughter was burnt to death on 07.04.2014.

Learned counsel for the petitioner submits that the petitioner is the husband. There is no specific allegation against the petitioner about demand of dowry and torture. The informant filed a petition after lodging the case that on account of wrong information she lodged the case. It is further

Patna High Court Cr.Misc. No.3498 of 2015 (2) dt.28-01-2015 submitted that the other accused persons have already been granted anticipatory bail vide order passed in Cr. Misc. No. 33456 of 2014. From perusal of the record, it appears that the mother of the deceased has made very specific allegation that the petitioner being the husband demanded dowry and he subjected his wife to physical and mental torture. The wife of the petitioner was burnt to death and no information was given to the parents of the deceased.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner Dhananjay Kumar Singh @ Dhananjay Kumar @ Dhananjay Singh on anticipatory bail. Accordingly, the same is rejected. However, the petitioner, if so advised, may surrender before the court below and the court below shall consider the prayer for regular bail of the petitioner without being prejudiced by this order and taking into consideration that other accused persons have already been enlarged on anticipatory bail.

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