Md. Mustafa v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69701 of 2019 Arising Out of PS. Case No.-92 Year-2019 Thana- KARAKAT District- Rohtas ====================================================== Md. Mustafa Son of Juma Asgar, Resident of Village - Kaupa, P.S.- Karakat, Distt.- Rohtas.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. N.K. Agrawal, Sr. Advocate For the Opposite Party :

Mr. Md. Ataur Rahman, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 29-06-2020 Heard learned senior counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State through video conferencing.

Petitioner apprehends his arrest in connection with Karakat P.S. Case No. 92 of 2019 registered for the offence punishable under Section 302/34 of the Indian Penal Code. Petitioner happens to be father of the deceased. Although, learned senior counsel appearing for the petitioner submits that deceased had eloped with her maternal uncle and subsequently, she was brought to home by the petitioner but deceased committed suicide.

The postmortem report of the deceased completely negates the above stated submission because the cause of death

Patna High Court CR. MISC. No.69701 of 2019(4) dt.29-06-2020 2/2 of the deceased was found asphyxia due to strangulation. Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to petitioner and accordingly, his prayer for anticipatory bail stands rejected. However, it is made clear that this order shall not cause any prejudice to competent court at the time of consideration of regular bail application of the petitioner. (Hemant Kumar Srivastava, J) shahzad/- U T