Patna High CourtCR. MISC./21643/2016rejected

Gulab Sah v. The State Of Bihar

2016-07-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21643 of 2016 Arising Out of PS.Case No. -190 Year- 2015 Thana -BELA District- SITAMARHI ======================================================

1. Gulab Sah Son of Gulam Mustafa@Chhedi Resident of VillageKanhawa, PS Bela, district Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pushpendra Kumar Singh For the Opposite Party/s : Mr. Nand Kishore Pd. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-07-2016 Heard both sides.

The petitioner apprehends his arrest in Bela P.S. case No. 190 of 2015 under Section 306/34 of the Indian Penal Code. On the basis of fard bayan of Chowkidar the present case was registered. The Chowkidar alleged that he heard that wife of Gulab Sah committed suicide. The informant alleged that four years ago the deceased was married with petitioner but the petitioner and his other family members were demanding Rs. 20,000/- and torturing the deceased.

It is submitted that none of the witnesses has supported the case and it has come that the deceased committed suicide because her son had died.

It appears that the Chowkidar himself stated that on

Patna High Court Cr.Misc. No.21643 of 2016 (3) dt.21-07-2016 2/2 account of non fulfillment of demand of dowry the petitioner and his other family members were torturing the deceased. The petitioner is husband.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, i.e., the learned S.D.J.M., Sitamarhi in Bela P.S. case No. 190 of 2015, and prays for regular bail, the learned court below shall consider the prayer for regular bail of the petitioner on its own merit without being prejudiced from the order of this court. (Prabhat Kumar Jha, J) BKS/- U T