Manish Kumar Srivastava @ Monu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59097 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- VIJAYEPUR District- Gopalganj ====================================================== MANISH KUMAR SRIVASTAVA @ MONU Son of Gyaneshwar Lal Srivastava Resident of House No.- 36 B, Indra Nagar, P.S.- Ramgarh Tal, District - Gorakhpur (Uttar Pradesh).
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Anil Kumar For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-05-2023 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 304(B) and some other ancillary Sections of the Indian Penal Code. It is a case of dowry death.
Petitioner happens to be husband of the deceased. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is further submitted that deceased was suffering from chronic ailment and on account of which she died. It is next submitted that cremation was done in the presence of informant and his family members. Petitioner has got clean antecedent. Learned counsel appearing for the State opposes the
Patna High Court CR. MISC. No.59097 of 2022(3) dt.01-05-2023 2/2 prayer for anticipatory bail and submits that petitioner is husband of the deceased and there is direct and specific allegation against this petitioner that he along with other accused persons killed the deceased for non fulfillment of demand of dowry. The deceased died within seven years of her marriage under unnatural circumstances.
Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on pre arrest bail. Accordingly, the same is rejected. (Prabhat Kumar Singh, J) BKS/- U T