Patna High CourtCR. MISC./58093/2023bail rejected

Sanjay Chauahan v. The State Of Bihar

2023-09-05Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58093 of 2023 Arising Out of PS. Case No.-240 Year-2023 Thana- NARHATT District- Nawada ====================================================== SANJAY CHAUAHAN SON OF BALAK CHAUHAN @ KARU CHAUHAN RESIDENT OF VILLAGE- AMIDPUR, PS- MUFASSIL, DISTT- NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vivek Kumar Sinha For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 05-09-2023 Heard learned counsel for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence under Section 304B of the Indian Penal Code.

3. As per the prosecution case, marriage of the daughter of informant with this petitioner was solemnised two years ago and there is allegation of demand of dowry by petitioner and due to non-fulfillment of same, the daughter of informant was abandoned by this petitioner and due to this reason, she committed suicide.

4. It is submitted on behalf of petitioner that as a matter of fact, the deceased voluntarily left her matrimonial house and thereafter, committed suicide at her maika and as

Patna High Court CR. MISC. No.58093 of 2023(2) dt.05-09-2023 2/2 such, this petitioner cannot be alleged to have mounted pressure on the deceased to commit suicide.

5. However, learned A.P.P. for the State opposed the bail petition and submitted that petitioner is husband of the deceased and there is specific allegation against him that due to demand of dowry, he abandoned the deceased, as a result of which, she came in depression and committed suicide.

6. Considering the fact that petitioner is husband of deceased and there is specific allegation of demand of dowry against him, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T