Aman Poddar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53910 of 2022 Arising Out of PS. Case No.-49 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== AMAN PODDAR S/o Jhawar Poddar R/o village- Pyalapur, P.S.- Pirpaiti, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajnish Chandra For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The petitioner is apprehending arrest in connection with Piri Bazar P.S. Case No. 49 of 2021 under section 306/34 of the Indian Penal Code.

As per the prosecution story, the informant alleged that his daughter was married to the petitioner but was being tortured and always the petitioner used to threaten that he will soleminize the second marriage.

Fed up with the said threat, she committed suicide at her parents house.

Learned counsel for the petitioner submits that no such allegation was made earlier and out of the wedlock two daughters were born and as she committed suicide at her

Patna High Court CR. MISC. No.53910 of 2022(2) dt.17-01-2023 2/2 parents house, this theory has been flouted to implicate the petitioner/family members.

The learned APP submits that though it is a suicide, as per the FIR, the petitioner abetted the same by threatening of solemnization of the second marriage .

Considering the fact that although it is a fact that the lady committed suicide at her parents house where she was residing for the last two months, the informant alleged as also observed of the learned Sessions Judge that he used to threaten of soleminizing the second marriage and in that backdrop, so far as the prayer for anticipatory bail is concerned, this Court does not deem it fit and proper to extend him relief, he being the husband, and the prayer for anticipatory bail is rejected. If the petitioner surrenders within four weeks from today and prays for bail, the Court concerned shall take into account all the aforesaid facts that the lady was residing at her parents house for the last two months and prior to the present FIR, there was no such allegation of dowry or torture and dispose it of preferably on the same day.

(Rajiv Roy, J) Ravi/- U T