Dilip Jha @ Dilip Kumar Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.58832 of 2017 Arising Out of PS.Case No. -15 Year- 2017 Thana -HAYAGHAT District- DARBHANGA ====================================================== Dilip Jha @ Dilip Kumar Jha Son of Rakesh Kumar Jha @ Rakesh Kumar Resident of Village- Kharsand, Police Station- Kalyanpur, DistrictSamastipur. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kamlesh Kumar Pathak For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2018 Heard the learned counsel for the petitioner as well as the learned A.P.P. for the State.
In this application for anticipatory bail the petitioner apprehends his arrest in connection with Hayaghat P.S. Case No. 15 of 2017 for the offences punishable under sections 306 and 34 of the I.P.C.
Allegedly, love affair was going on between Bhawani Kumari, aged 16 years, sister of the informant, and the petitioner who was running Brilliant Coaching Centre and when the informant and his family members came at the house of the petitioner to talk for marriage, the informant and his family members were not heard and the petitioner and his family
Patna High Court Cr.Misc. No.58832 of 2017 (3) dt.19-01-2018 2/2 members refused to marry and thereafter Bhawani Kumari committed suicide after hanging herself due to action of the petitioner.
Submission is of false implication and that the prosecution story is concocted and false, there was no love affair between the petitioner and the sister of the informant, the sister of the informant committed suicide in her native house, the petitioner has got no concern with the same, it appears that Bhawani Kumari was murdered by her family members, she was in love affair with a boy of scheduled caste so she was killed and hanged. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioner by submitting that during investigation the witnesses have supported the allegation.
In the facts and circumstances stated above, considering the materials available against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with the aforementioned case pending in the court of A.C.J.M. Darbhanga. (Jitendra Mohan Sharma, J) Abhay/- U T