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Patna High CourtCR. MISC./39815/2016rejected

Goswami Ishwar Chandra @ Niraj Giri @ Neeraj Giri v. The State Of Bihar

2016-11-08Mr. Justice Prabhat Kumar Jha1 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39815 of 2016 Arising Out of PS.Case No. -266 Year- 2016 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Goswami Ishwar Chandra @ Niraj Giri @ Neeraj Giri, S/O Raghaw Giri, Resident of Village- Gopalpur, P.S.- Gopalpur, District- West Champaran .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjeev Kumar, Adv. For the Opposite Party : Smt. Rita Verma, APP 126 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 08-11-2016 Heard both sides.

Petitioner apprehends his arrest in Bettiah Town (Kalibagh O.P.) P.S. Case No. 266 of 2016 under Sections 302 and 34 of the Indian Penal Code.

The informant alleged that his sister was married with the petitioner about ten years ago, but, the petitioner and his family members were torturing his sister. The sister died due to injury on her neck.

The learned counsel for the petitioner submits that marriage of the petitioner was solemnized about ten years ago. The witnesses have stated that it was the petitioner and his family members who took the deceased to hospital for treatment, the deceased committed suicide, but, from the perusal of the post mortem report it appears that the petitioner was torturing his wife for demand of dowry and the deceased got ligature mark on the neck and this fact shows that the deceased was pressed to death. The petitioner is the husband of the deceased. Considering the facts and circumstances, I am not inclined to enlarge the petitioner on anticipatory bail and the same is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √