Patna High CourtCR. MISC./55978/2017rejected

Banarasi Sah @Banarsi Sah v. The State Of Bihar

2017-12-04Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55978 of 2017 Arising Out of PS.Case No. -162 Year- 2016 Thana -SANGRAMPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Banarasi Sah @ Banarsi Sah, son of Pannalal Sah, Resident of VillageParsauna, P.S.- Sangrampur, District- East Champaran. .... .... Petitioner.

Versus

The State of Bihar .... .... Opposite Party.

====================================================== Appearance :

For the Petitioner : Mr. Abhishek Kumar, Advocate. For the State : Mr. Rajendra Prasad Nat, A.P.P. For the Informant : Mr. Krishna Kant Singh, Advocate. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ----------- 04-12-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State as also the learned counsel for the informant. The petitioner apprehends his arrest in connection with Sangrampur P.S. Case No.162 of 2016 registered under Sections 302 and 328/34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate, Motihari, East Champaran.

The accusation is of killing the deceased, the daughter of the informant, after seven years of her marriage due to non fulfillment of the dowry demand by her husband (petitioner) and other in-laws by administering poison to her.

Patna High Court Cr.Misc. No.55978 of 2017 (2) dt.04-12-2017 2/2 Learned counsel for the petitioner submits that, in fact, the marriage of the petitioner was performed with the deceased, the daughter of the informant, before seven years and the deceased died her natural death.

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 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) P.S./- U T