Jitendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32620 of 2017 Arising Out of PS.Case No. -352 Year- 2016 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Jitendra Sah Son of Yogendra Sah Resident of Village-Godwa, P.S.- Muffasil, District-East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Muffasil P.S.Case No. 352/2016 registered under Sections 304(B), 201, 504, 506, 120(B) of the I.P.C. pending in the court of the Chief Judicial Magistrate, Motihari, East Champaran. The accusation is of killing the daughter of the informant by her husband and in-laws for non-fulfillment of demand of dowry within three years of the marriage.

Learned counsel appearing on behalf of the petitioner submits that the petitioner happens to be the husband of the deceased and he has been falsely implicated in this case with false allegation of demand of dowry. In fact some hot exchange took

Patna High Court Cr.Misc. No.32620 of 2017 (3) dt.10-08-2017 place in course of dinner in the night regarding giving the motorcycle by the deceased to her brother-in-law and due to anger the deceased committed suicide by hanging. Moreover, after realizing the real fact the informant has also filed a compromise petition that he does not want to proceed with case. Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected.

However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court. (Rajendra Kumar Mishra, J) Surendra/- U