Bipin Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21355 of 2016 Arising Out of PS.Case No. -39 Year- 2015 Thana -CHAKAMHESI District- SAMASTIPUR ======================================================

1. Bipin Tiwari S/o Banke Tiwari, Resident of Village- Bhagipatti, P.S.- Chakmehsi, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bijay Bhushan Prasad For the Opposite Party/s : Mr. S.Dayal (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2016 Heard both sides.

The petitioner apprehends his arrest in Chakmehsi P.S. case No. 39/2015 under Section 302 and others sections of the Indian Penal Code.

The petitioner is the husband of deceased. The informant alleged that her daughter was married with the petitioner 10 years ago and she got two children but due to non fulfillment of dowry demands the petitioner and his other family members killed her daughter.

It is submitted that the occurrence is said to have taken place on 03.12.2014 but the complaint was filed on 15.01.2015 on the basis of which FIR was lodged on 04.08.2015. It is further submitted that several accused persons have already

Patna High Court Cr.Misc. No.21355 of 2016 (3) dt.21-07-2016 2/2 been granted anticipatory bail vide order passed in Cr. Misc. No. 49304 of 2015. In fact wife of the petitioner had gone to attend the call of nature and she fell down in an open well and died. The informant and her other family members participated in the cremation of deceased and thereafter they started placing undue demands and that is why this case has been lodged but from the perusal of the case diary, it appears that husband of deceased used to quarrel with his wife and that is why his wife committed suicide.

Considering the fact that petitioner is husband and he used to quarrel with his wife compelling her to commit suicide, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T