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Patna High CourtCR. MISC./32166/2016rejected

Amit Kumar Singh v. The State Of Bihar

2016-10-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32166 of 2016 Arising Out of PS.Case No. -279 Year- 2015 Thana -LALGANJ District- VAISHALI(HAJIPUR) ====================================================== Amit Kumar Singh, s/o Chandra Singh, R/o Vill - Chandpura, P.S. - Desari, Distt - Vaishali .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Alok Kumar Alok, Adv. For the Opposite Party/s : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-10-2016 Heard both sides.

The petitioner apprehends his arrest in Lalganj P.S. Case No. 279/2015, registered for the offences punishable under Sections 304B and 34 of the Indian Penal Code. The father of the deceased alleged that his daughter was married to the petitioner on 25.06.2014, but after six months the petitioner began to assault his daughter due to non-fulfillment of demand of dowry. The petitioner dropped his daughter in the house of the informant, but the petitioner and other family members continued to subject her to mental torture. Petitioner sent her messages; ultimately, his daughter went in depression and committed suicide by consuming poison.

It is submitted that the petitioner is of course the husband of the deceased, but the deceased committed suicide in

Patna High Court Cr.Misc. No.32166 of 2016 (4) dt.18-10-2016 2/2 her Naihar. There is no allegation that the petitioner sent any message compelling his wife to commit suicide. The Investigating Officer did not find the owner of the said mobile number. It appears that the informant and other witnesses have very categorically made allegation against the petitioner that petitioner firstly assaulted his wife and only after six months he dropped his wife to her Naihar. Even thereafter the petitioner continued to torture his wife by sending different messages to her and consequently his wife went in depression and committed suicide.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Vinita/- U T