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Patna High CourtCR. MISC./17683/2016rejected

Rupesh Goswami v. The State Of Bihar

2016-07-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17683 of 2016 Arising Out of PS.Case No. -61 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Rupesh Goswami S/o Late Raj Kumar Goswam R/o Mohalla- Jamalpur, P.S. & District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr. Jitendra Kr. Singh No.1(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-07-2016 Heard both sides.

The petitioner apprehends his arrest in Sheikhpura P.S. case No. 61 of 2016 under Section 302/34 of the Indian Penal Code.

The informant alleged that his daughter was married to the petitioner in the year 2005 but the petitioner always subjecting his daughter to torture due to non fulfillment of dowry demand.

It is submitted that wife of the petitioner committed suicide. There is nothing on record to show that the petitioner ever demanded dowry or tortured his wife. The supervisory authority also found the case true under section 306 of the IPC and directed the I.O. to submit charge sheet under section 306 of the IPC but it

Patna High Court Cr.Misc. No.17683 of 2016 (4) dt.18-07-2016 2/2 appears that it has come during the course of investigation that petitioner was always quarreling with his wife and on account of that wife of the petitioner committed suicide. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T