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Patna High CourtCR. MISC./60579/2019dismissed

Anand Kumar @ Santosh Kumar v. The State Of Bihar

2019-11-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60579 of 2019 Arising Out of PS. Case No.-138 Year-2019 Thana- GRIYAK District- Nalanda ====================================================== ANAND KUMAR @ SANTOSH KUMAR Son of Ram Krishna Prasad Resident of Village- Chorsua, P.S.- Giriyak, District- Nalanda. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR Bihar 2.

Indradeo Prasad Son of Late Ragho Mahto Resident of Village- Saidpur, P.S. and District- Nawada.

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-11-2019 Heard learned counsel for the parties.

The petitioner is apprehending his arrest in connection with Giriyak P.S.Case No.138 of 2019 registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code. As per FIR, petitioner happens to be husband and the case is of dowry death.

Submission of the learned counsel for the petitioner is that some witnesses have stated during the investigation that her brother was not ready to take her, as such she has committed suicide by hanging.

On the other hand the learned counsel for the informant has opposed the prayer for bail on the ground that the dead

Patna High Court CR. MISC. No.60579 of 2019(3) dt.20-11-2019 2/2 body was found in the house of the petitioner and the postmortem report shows that death is due to exasphyxia Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below and make prayer for regular bail.

With the aforesaid direction, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U