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Patna High CourtCR. MISC./30793/2016rejected

Dhananjay Choudhary @ Dhanjay Choudhary v. The State Of Bihar

2016-08-08Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30793 of 2016 Arising Out of PS.Case No. -24 Year- 2016 Thana -SHEIKHOPUR SARAI District- SEKHPURA ====================================================== DHANANJAY CHOUDHARY @ DHANJAY CHOUDHARY Son of Ram Swaroop Choudhary Resident of village- Pahadiya, P.S.- Sheikhopur Sarai, Dist- Sheikhpura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Satya Prakash For the State Mr. Madan Kumar For the informant Mr. Syed Rizwanul Haque ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 08-08-2016 Heard Mr. Verma for the petitioner, the State as well as the informant.

The petitioner is the husband of the victim and is facing prosecution under section 304-B/34 IPC. Within 03 years of marriage, the victim was done to death under suspicious/mysterious circumstances while she was in her Sasural.. The father of the victim in the FIR alleged that only few days before the husband had taken his wife to the matrimonial home. There was demand of dowry and previous illtreatment/maltreatment to the victim at the hands of the petitioner and other in-laws.

Patna High Court Cr.Misc. No.30793 of 2016 (2) dt.08-08-2016 2/2 It is submitted that the petitioner himself had informed the informant about the deteriorating health condition of the victim. The body was not hurriedly disposed of. In the post mortem the doctor did not find any external injury on the person of the deceased.

The counsel(s) for the State as well as the informant have opposed the prayer for anticipatory bail contending that there is allegation of demand of dowry. The victim who was married only a few years ago with the petitioner was done to death in mysterious/suspicious circumstances.

Looking to the allegation and other materials available on record, I do not find it a fit case for grant of privilege of anticipatory bail to the petitioner. His prayer is accordingly rejected.

(Kishore Kumar Mandal, J) HR/- U T