Dipankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61253 of 2019 Arising Out of PS. Case No.-115 Year-2019 Thana- KASBA District- Purnia ====================================================== DIPANKAR KUMAR Son of Braj Kishore Mandal @ Braj Kishore Kumar Mandal Resident of Village - Durgapur, P.S.- Kasba, Dist.- Purnea. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Ranjan Kumar For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-10-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Section 304(B) of the Indian Penal Code and Section 4/5 of the D.P. Act registered in connection with Kasba P.S. Case No. 115 of 2019.

3. It is submitted that the petitioner has been falsely implicated merely because he happens to be the husband of the deceased. There is inordinate delay of almost two months in institution of the FIR on 12.06.2019 for the alleged occurrence of 18.04.2019. It is submitted that the deceased committed suicide by hanging herself and post mortem was duly conducted on the body of the deceased. The petitioner claims clean antecedents.

4. Learned APP on the other hand points out that the deceased died within a year of being married to the petitioner. Reference is invited to the post mortem report (Annexure-2) that

Patna High Court CR. MISC. No.61253 of 2019(2) dt.16-10-2019 2/2 cause of death was due to asphyxia caused by hanging.

5. Having regard to the nature of accusations and gravity of offence alleged, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed.

(Vikash Jain, J) Chandran/- U T