Patna High CourtCR. MISC./39145/2015dismissed

Shibu Jha v. The State Of Bihar

2015-11-06Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39145 of 2015 Arising Out of PS.Case No. -270 Year- 2015 Thana -BIRAUL District- DARBHANGA ======================================================

1. Shibu Jha son of Rajendra Jha, resident of village- Ujhati, P.S.- Biraul, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav For the Opposite Party/s : Mr. Anil Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 06-11-2015 Heard both sides.

The petitioner apprehends arrest in a case registered for the offences punishable under sections 302, 201/34 of the Indian Penal Code.

Chowkidar got information that petitioner killed his wife and concealed her dead body. The informant went to verify the information but the door of the house was closed. During the course of investigation it transpired that half burnt dead body was recovered from the place of cremation. Kerosene Oil container, Goitha and other articles were recovered. It is submitted that deceased had disclosed that the petitioner came in the house after taking wine. Son and daughter-in-law of the petitioner took it otherwise and they left the

Patna High Court Cr.Misc. No.39145 of 2015 (3) dt.06-11-2015 house of the petitioner and went away to Delhi and that is why wife of the petitioner committed suicide. But it appears that there is allegation that the petitioner killed his wife and tried to conceal the dead body. Half burnt body of the deceased was found and from there pot containing K. Oil was also found. Considering the facts aforesaid, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Biraul P.S. Case No. 270 of 2015 pending in the court of the learned Sub-divisional Judicial Magistrate, Biraul (Darbhanga). His prayer for anticipatory bail is, accordingly, rejected.

The petitioner, if so advised, may surrender and pray for regular bail which will be considered by the learned court below on its own merit without being prejudiced by this order of rejection.

(Prabhat Kumar Jha, J) Amin/- U