Sunil Rai v. The State Of Bihar

Patna High Court Cr.Misc. No.5376 of 2018 (2) dt.07-02-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5376 of 2018 Arising Out of PS.Case No. -28 Year- 2017 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Sunil Rai S/o Mahendra Rai, R/o Village- Fatahpur, Pakari, P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 07-02-2018 Heard both sides.

The petitioner apprehends his arrest in Mahua P.S. Case No.28 of 2017 registered under Sections 304(B), 201 and 34 of the Indian Penal Code.

The informant, mother of the deceased, alleged that her daughter, Rekha Kumari was married with the petitioner on 12.02.2016. At the time of marriage, the informant gave money and different articles but the petitioner and his family members subjected her daughter to different sorts of torture due to nonfulfillment of additional demand of dowry. The informant got information on 02.02.2017 that her daughter was killed and her dead body was hurriedly cremated.

The learned counsel for the petitioner submits that

Patna High Court Cr.Misc. No.5376 of 2018 (2) dt.07-02-2018 petitioner is of course, the husband of the deceased but the informant herself filed an application before the Police Inspectorcum-S.H.O., Mahua that on the basis of the information received from the villagers she lodged the case but it appears that the petitioner is husband and his wife died. There is allegation that his wife was killed within one year and her dead body was hurriedly cremated.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, the learned court below shall consider the regular bail of the petitioner on its own merit without being prejudiced by the order of this Court.

(Prabhat Kumar Jha, J) Saurabh/- U T