Patna High CourtCR. MISC./70360/2024dismissed

Rahul Kumar Sharma @ Rahul Kumar v. The State Of Bihar

2025-03-19Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70360 of 2024 Arising Out of PS. Case No.-15 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Rahul Kumar Sharma @ Rahul Kumar S/o Shiv Shankar Sharma R/o vill - Kotha Toli, Jani Bazar, P.S. - Sasaram (Town), Distt. - Rohtas at Sasaram ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deobind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-03-2025 Heard Mr. Deobind Kumar Singh, learned counsel for the petitioner and the State.

2. The petitioner is apprehending arrest in connection with Sasaram (Town) P.S. Case No. 15/2024 instituted under Sections 304(B), 34 of the Indian Penal Code lodged on 04.01.2024 by the informant, Ram Awatar Sharma.

3. As per the prosecution story, the informant who is father of the victim alleged that the girl was married to the petitioner on 13.06.2013 but was always tortured for dowry. In between, the couple was also blessed with two children but on 31.12.2023, came the information that she is no more. This led to the FIR.

4. Learned counsel for the petitioner submits that it was a case of suicide. They were happily married for ten years

Patna High Court CR. MISC. No.70360 of 2024(3) dt.19-03-2025 2/2 and there was no occasion to kill her, in a fit of rage, she committed suicide.

5. Mr. Jitendra Kumar Singh, learned APP on the other hand opposes the prayer submitting that a demand of dowry has been alleged in the FIR, the petitioner is husband, death took place on 31.12.2023 and instead of cooperating with the Police in investigation, he disappeared for more than a year.

6. Considering the submissions of the parties as also the materials on record, the allegation is there as per the FIR, the husband (petitioner) will have the chance to approach the Court concerned, if he surrenders within four weeks to satisfy it on his innocence.

7. No case of anticipatory bail is made out which is accordingly rejected.

8. If the petitioner surrenders within four weeks from today and prays for bail, the same shall be considered and if possible, dispose of on the same day.

(Rajiv Roy, J) Ravi/- U T