Ashok Mishra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12987 of 2018 Arising Out of PS.Case No. -256 Year- 2016 Thana -CHHATAPUR District- SUPAUL ====================================================== Ashok Mishra, son of Gunanand Mishra, Resident of Village- Jhakhargarh, P.S.- Chhatapur, District- Supaul.

.... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Pramod Mishra For the Opposite Party/s : Mr. Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner.

Petitioner apprehends his arrest in connection with Chhatapur P.S.Case No. 256 of 2016 registered for the offences punishable under Sections 304B, 34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act.

Allegation against the petitioner is of committing dowry death of his wife.

Submission of learned counsel for the petitioner is that no case is made out under Section 304B IPC as marriage took place seven years prior to the alleged occurrence and she has committed suicide.

Heard learned APP also.

Having heard both sides and in view of the allegation

Patna High Court Cr.Misc. No.12987 of 2018 (2) dt.04-04-2018 2/2 stated in the FIR and petitioner being husband of deceased, I am not inclined to grant anticipatory bail to the petitioner. Prayer is rejected.

However, petitioner should surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed. (Vinod Kumar Sinha, J) spal/- U