Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55140 of 2019 Arising Out of PS. Case No.-192 Year-2019 Thana- BIKRAMGANJ District- Rohtas ====================================================== KAMLESH KUMAR Son of Arun Singh @ Arun Kumar Singh Resident of Village- Kastar Mahdev, P.S.- Bikramganj, District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Pandey For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 16-11-2019 Heard both sides.

The petitioner apprehends his arrest in Bikramganj P.S. case No. 192/2019 registered under Section 304B, 201, 34 of the IPC.

The informant, father of the deceased, alleged that while he was working in his field one utensil seller informed him that his daughter was killed by her husband and other inlaws. Having received such information, the informant and others went to the house of his daughter and saw the dead body of his daughter lying and the accused persons were planning to cremate the dead body. The marriage of his daughter was solemnized with Pawan Singh @ Munna, younger son of Arun Singh, in the year 2016 but her husband, brothers-in-law and other in-laws were demanding dowry and tortured her. On 15.03.2019 a panchayati was held and all the in-laws undertook to keep his daughter properly but just after one month the daughter of the informant was done to death.

The learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.55140 of 2019(3) dt.16-11-2019 2/2 petitioner is brother-in-law (Bhaisur) of the deceased. The marriage was solemnized in the year 2016. The petitioner is not at all concerned with the family affairs of his brother and the deceased but it appears from the averment made in the FIR itself that the petitioner also undertook to keep his sister-in-law, the deceased, properly and not to make any further demand and subject her to any sort of torture but just after one month of such undertaking given by the petitioner and other family members the daughter of informant was killed. The witnesses have also reiterated the same facts. The post mortem report shows that the deceased was found to be strangulated to death. Taking into consideration the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the prayer for regular bail of the petitioner on merit without being prejudiced by this order. (Prabhat Kumar Jha, J) BKS/- U T