Vijay Prasad @ Vijay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27628 of 2016 Arising Out of PS.Case No. -587 Year- 2015 Thana -NAUBATPUR District- PATNA ====================================================== Vijay Prasad @ Vijay Kumar, Son of Kedar Sao, resident of VillageNaubatpur, Station- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Amrendra Kumar No. 1 For the Opposite Party/s : Mr. Sri Mujtabaul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-12-2016 Heard Dr. Amrendra Kumar No. 1 , learned counsel for the petitioner and learned Additional Public Prosecutor . The petitioner , apprehending his arrest in Naubatpur P.S. Case No. 587 of 2015 registered for the offence under section 498(A), 323, 326, 304(B )/ 34 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act has prayed for grant of anticipatory bail.

It was submitted by learned counsel for the petitioner that petitioner is not having any relation with the husband of the deceased and as such , there is no question of applicability of Section 498(A) , 304(B) of the Indian Penal Code. He submits that it has incorrectly been alleged that petitioner was demanding Rs. 700000 /- as dowry . He further submits that deceased was

Patna High Court Cr.Misc. No.27628 of 2016 (3) dt.20-12-2016 2/2 carried by the petitioner to the hospital , where she died. On this very ground a prayer has been made for grant of anticipatory bail.

Besides hearing, I have perused the material available on record. In this case earlier case diary was called for which has been received . On perusal of the case diary it is evident that the husband of the deceased was treated as adopted son of the petitioner . This allegation has been corroborated in the case diary.

In view of the facts and circumstances particularly the fact that it is a case of dowry death there is no question for grant of anticipatory bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T