Sri Bhagwan Choudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43174 of 2016 Arising Out of PS.Case No. -219 Year- 2015 Thana -NOKHA District- SASARAM (ROHTAS) ====================================================== Sri Bhagwan Choudhary son of Manager Choudhary .... .... Petitioner/s

Versus

1. The State of Bihar

2. Pushpa Kuer wife of Late Rabindra Choudhary .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vikram Deo Singh For the Opposite Party/s : Mr. Parmatma Singh For the State : Mr. Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned counsel appearing on behalf of opposite party No. 2 as well as learned counsel for the State.

The petitioner is elder brother of the deceased husband of the victim lady who is apprehending his arrest in connection with Nokha P.S. Case No. 219/15 registered for the offences punishable under Sections 323/498A/376/120(B) of the Indian Penal Code. It appears from the facts as recorded in the complaint case that the process of mental torture to the victim lady started soon after the death of her husband and continued for a considerable length of time and finally she has been ousted from her matrimonial home. It also appears that despite having made specific allegation against the petitioner neither was she produced for medical examination nor her statement under Section 164 Cr. P.C. was ever recorded. However, prima facie, the allegations

Patna High Court Cr.Misc. No.43174 of 2016 (10) dt.05-07-2017 P2/2 appears to be true and which clearly disentitles the petitioner from any relief under Section 438 of the Code of Criminal Procedure. This application for grant of anticipatory bail stands dismissed.

(Anjana Mishra, J) Saif/- U T