Sugriv Chauhan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78388 of 2018 Arising Out of PS. Case No.-175 Year-2018 Thana- MAIRWAN District- Siwan ====================================================== Sugriv Chauhan S/o Yugul Chahuan, resident of Village- English, P.S.- Mairawa, District- Siwan.

... ... Petitioner/s

Versus

1. The State of Bihar.

2. Umashankar Chauhan, S/o Late Baleshwar Chauhan, resident of VillageSadalpur, P.S. Asawan, District Siwan. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramchandra Singh, Advocate For the Opposite Party/s :

Mr. Ahmad Ali, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-01-2019 Heard the parties.

The petitioner seeks anticipatory bail in connection with Mairwa P. S.Case No. 175 of 2018, registered for offences punishable under Sections 304 (B) and 201/34 of the Indian Penal Code.

Allegation against the petitioner, who happens to be husband of the deceased, is of torturing the deceased for non fulfillment of demand of dowry and ultimately disposed of her dead body.

Submission of the learned counsel by the petitioner is that the petitioner has falsely been implicated in this case and the deceased was mentally unsound and she has fled

Patna High Court Cr.Misc. No.78388 of 2018(2) dt.08-01-2019 2/2 away from her house and the petitioner has no criminal antecedent. It is further submitted that a compromise has been reached between both the parties.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, the case of the petitioner is concerned, I am not inclined to grant bail to the petitioner, Accordingly, prayer of anticipatory bail is rejected with a direction to the petitioner to surrender before the court below within a period of six weeks from the date of receipt of order and make prayer for regular bail, same shall be considered by the learned court below on its own merit without being prejudiced by this order of this Court.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sudha/- U T