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Patna High CourtCR. MISC./62035/2018rejected

Sakinder Rai @ Sikander Rai @ Sikandar Rai v. The State Of Bihar

2018-10-08Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62035 of 2018 Arising Out of PS. Case No.-183 Year-2015 Thana- KUDHNI District- Muzaffarpur ====================================================== Sakinder Rai @ Sikander Rai @ Sikandar Rai, Son of Baliram Rai, Resident of Village- Tarasan Kulahi, P.S.- Kudhani, O.P.- Turki, District- Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Yugal Kishore, Adv.

For the Opposite Party/s :

Mr. Nityanand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 08-10-2018 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner, being the husband of the victim is apprehending arrest in a case registered for the offences punishable under Sections 328 and 304B/34 of the IPC. The prosecution case, as per the written report of Lalan Rai submitted to the S.H.O. Turki O.P., Kurhani P.S., is to the effect that the informant's daughter Sarita Devi was married with the petitioner about four years prior to the lodging of the present case. Subsequently, demand of further dowry of motorcycle was made and due to non-fulfillment of the same the daughter of the informant was killed.

It appears that the FIR was registered on 31.05.2015 and other co-accused faced trial and they have been acquitted vide

Patna High Court Cr.Misc. No.62035 of 2018(2) dt.08-10-2018 2/2 judgment dated 21.07.2018, passed by 11th Addl. District and Sessions Judge, Muzaffarpur in Sessions Trial No. 762 of 2016. It further appears that the petitioner, being the main accused is deliberately not appearing before the Court. On this ground alone, this Court is not inclined to grant anticipatory bail to the petitioner.

Accordingly, the prayer for anticipatory bail of the petitioner is rejected in connection with Kurhani (Turki - O.P.) P.S. Case No. 183 of 2015, pending in the Court of learned S.D.J.M., West Muzaffarpur.

(Dinesh Kumar Singh, J) Amrendra/Deepak/- U T