Patna High CourtCR. MISC./43652/2016rejected

Manoj Kumar Choudhary v. The State Of Bihar

2016-12-15Mr. Justice Hemant Kumar Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43652 of 2016 Arising Out of PS.Case No. -57 Year- 2015 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Manoj Kumar Choudhary Son of Chukdev Choudhary Resident of Village Madhubani tara Nagar, P.S K. Hat, District Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner apprehends his arrest in connection with K.Hat ( Madhubani) Police Station Case No. 57 of 2015 registered for the offences punishable under Sections 323, 504, 304B, 120B/34 of the Indian Penal Code.

Petitioner happens to be husband of the deceased. The informant claims that the marriage of the deceased with the petitioner had taken place six years ago but she was subjected to cruelty due to illegal demand of dowry. Admittedly, the deceased died due to burn injuries.

Submission on behalf of the petitioner is that after investigation, police found the accusation untrue and, accordingly, final form was submitted but learned court below having differed with the final report of police took cognizance of the offences

Patna High Court Cr.Misc. No.43652 of 2016 (5) dt.15-12-2016 2/2 under Sections 304(B) and 201/34 of the Indian Penal Code against the petitioner.

Regard being had to the facts and circumstances of the case as well as submission of the parties, in my view, it is not a fit case for grant of anticipatory bail to the petitioner and, accordingly, his prayer for anticipatory bail in connection with K.Hat ( Madhubani) P.S.case No. 57 of 2015, pending in the court of Chief Judicial Magistrate, Purnea, stands rejected. However, this order shall not cause any prejudice to the concerned court at the time of considering the regular bail application of the petitioner.

(Hemant Kumar Srivastava, J) N.K/- U T