Islam Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49011 of 2016 Arising Out of PS.Case No. -172 Year- 2016 Thana -SAHPUR District- BHOJPUR ======================================================

1. Islam Khan S/o Muslim Khan Resident of Vill- Ranisagar, P.S.- Sahpur, Dist- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh For the Opposite Party/s : Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 19-12-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This is an application for anticipatory bail for the offences under Section 306/34 of the Indian Penal Code. The petitioner is the husband of the deceased. It has been submitted on behalf of the petitioner that as a matter of fact, the petitioner is residing outside the country for his livelihood but he used to hot talk with the deceased lady on telephone for further dowry It has also been submitted on behalf of the petitioner that the wife of the petitioner committed suicide and her dead body was recovered from the river. It has further been submitted on behalf of the petitioner that a skeleton was found near Ganga river

Patna High Court Cr.Misc. No.49011 of 2016 (2) dt.19-12-2016 which the informant claimed to be her daughter. The petitioner has been falsely implicated in this case.

Heard learned APP appearing for the State, who opposed the prayer for anticipatory bail.

Having heard both sides and as there is allegation against the petitioner also, to my mind, this is not a fit case for grant of anticipatory bail. Accordingly, prayer of the petitioner is rejected. However, if the petitioner surrenders before the Court below and seek regular bail, the court below will pass appropriate order on the same day on its own merit considering the aspect of the matter that the petitioner was not present in his house at the time of occurrence, without being prejudiced by the present order. (Vinod Kumar Sinha, J) A.I./- U