Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27597 of 2018 Arising Out of PS.Case No. -288 Year- 2017 Thana -VAISHALI District- VAISHALI(HAJIPUR) ====================================================== Rahul Kumar S/o Sahdeo Sahani @ Vinod Sahani residetn of village Jarangi, P.S. Vaishali (Belsar O.P.), District Vaishali. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Kumar, Advocate. For the Opposite Party/s : Mr. Nand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-06-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Vaishali ( Belsar O.P.) P. S. Case No. 288 of 2017, registered for offences punishable under Section 304 (B) of the Indian Penal Code.

Allegation against the petitioner is of killing the deceased by strangulation due to non fulfillment of dowry demand.

Submission of the learned counsel for the petitioner is that he is devar of the deceased and husband has not been made accused and as a matter of fact that earlier quarrel had taken place between the devar and the husband of the deceased and the petitioner has falsely been implicated in this case and it is a case of

Patna High Court Cr.Misc. No.27597 of 2018 (3) dt.26-06-2018 2/2 suicide. It is further submitted that the petitioner has no criminal antecedent.

Learned A.P.P. opposes the prayer for bail on the ground that there is specific allegation of strangulation against the petitioner and in view of the facts and circumstances discussed above and all materials available on the record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for anticipatory bail is rejected with a direction to the petitioner that if the petitioner surrenders before the Court below and makes prayer for regular bail, same will be considered by the learned court below on its own merit without being prejudiced by order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) Sudha/Priyanka/- U T