Chhotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9093 of 2017 Arising Out of PS.Case No. -250 Year- 2016 Thana -BELAGANJ District- GAYA ======================================================

1. Chhotu Kumar, S/o Surendra Prasad @ Surendra Singh, R/o VillageBundela Bigha, P.S.- Bleaganj, Dist.- Gaya. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Deepak Kumar, Advocate For the Opposite Party/s : Mr. Madhuranand Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 23-03-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Belaganj P.S. Case No. 250 of 2016, registered for the offences punishable under Sections 304(B)/201/34 of the Indian Penal Code.

Allegedly, the petitioner being the husband of Khushbo Kumari, the sister of the informant (complainant) was being tortured for not fulfilling the demand of motorcycle and cash of Rs. 50,000/- and ultimately the petitioner took away her outside of the house and made sister of the informant and her child traceless and it is suspected that all the accused parsons have killed the sister of the informant and made the dead body traceless.

Patna High Court Cr.Misc. No.9093 of 2017 (3) dt.23-03-2017 2/2 Submission is of false implication and that petitioner has got no criminal antecedent, the wife of the petitioner was living with the petitioner at Daman where she committed suicide by hanging and there Navi Daman P.S. Case No. 41 of 2016 has been lodged under Section 306 of the I.P.C., the cause of death has been found due to hanging and death certificate has also been issued which is attached with supplementary affidavit and as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of bail by submitting that the petitioner is the husband, against him there is specific allegation for demanding dowry by way of motorcycle and cash.

In the facts and circumstances as stated above, considering the allegation attributed against the petitioner, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Belaganj P.S. Case No. 250 of 2016, pending in the Court of learned Chief Judicial Magistrate, Gaya.

(Jitendra Mohan Sharma, J.) Rajiv/- U T