Fazle Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73446 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- BHAGWAN BAZAR District- Saran ====================================================== Fazle Haque, Son of Zeaul Haque, Resident of Mohalla-Brahampur Near Bari Masjid, P.S.-Bhagwan Bazar, District-Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Anis Akhtar For the Opposite Party/s :

Mr. Sanjay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-12-2019 This is an application for grant of anticipatory bail in connection with Bhagwan Bazar P. S. Case No. 26 of 2019, disclosing offences under Sections 304B/34 of IPC. Petitioner happens to be the husband of the deceased. There is allegation of dowry death against the petitioner. The death of the deceased was caused by sprinkling the kerosene oil on her.

Submission of the learned counsel for the petitioner is that F.I.R. itself disclosed that petitioner was not present on the day of occurrence and he has falsely been implicated in this case. In this case, a compromise has been reached between the parties.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail on the ground that there is allegation of dowry death and she has been killed by the petitioner on setting

Patna High Court CR. MISC. No.73446 of 2019(3) dt.09-12-2019 2/2 her on fire.

Having heard both sides, in view of the allegations, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, he has to surrender before the learned court below and make prayer for regular bail, the same shall be considered on its own merit, without being prejudiced by order of this Court.

With the aforesaid, this application is dismissed. (Vinod Kumar Sinha, J) Sunil Shukla/- U T