Patna High CourtCR. MISC./12505/2017dismissed

Jitendra Jha v. The State Of Bihar

2017-04-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12505 of 2017 Arising Out of PS.Case No. -356 Year- 2016 Thana -BIRAUL District- DARBHANGA ====================================================== Jitendra Jha, S/o Late Shobha Kant Jha, resident of Village Itwa Shivanagar, P.S. Biraul, District Darbhanga.

.... .... Petitioner

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vinay Kumar Hha, Sr.Advocate For the Informant : Mr. Sanjeev Kr. Jha, Advocate For the Opposite Party/s : Smt. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-04-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Biraul P.S.Case No. 356 of 2016 registered for the offences punishable under Sections 306/34 of the Indian Penal Code. Case is under Section 306 IPC and petitioner is husband and as per FIR marriage was solemnized on 18.4.2016 and she died in the month of October, 2016. FIR further shows that there is allegation of demand and torture. It has been submitted on behalf of the petitioner that this is not a case of dowry death, rather she has committed suicide as there was some dispute between the petitioner and his wife, including his mother and deceased belonged to Jalandhar town and she had to reside by force in a remote village, as such, she has

Patna High Court Cr.Misc. No.12505 of 2017 (3) dt.25-04-2017 2/2 committed suicide.

Heard learned APP and learned counsel for the informant, who have opposed the prayer for anticipatory bail. Having heard both sides and in view of the allegation mentioned in the FIR, I am not inclined to grant anticipatory bail to the petitioner.

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

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U