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Patna High CourtCR. MISC./85918/2023dismissed

Sonu Kumar @ Bindeshwari Chandravanshi v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85918 of 2023 Arising Out of PS. Case No.-19 Year-2023 Thana- BADHAILA District- Rohtas ====================================================== SONU KUMAR @ BINDESHWARI CHANDRAVANSHI SON OF LATE SITARAM SINGH R/O VILLAGE- RAMPUR, P.S.- BAGHAILA, DIST.- ROHTAS ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rohit Kumar Tripathi, Adv.

For the Opposite Party/s :

Mr.Madhura Nand Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Sasaram (Baghaila) P.S. Case No. 19 of 2023 registered for the offences punishable under Section 304(B) and 34 of the Indian Penal Code.

3. All the F.I.R. named accused persons including this petitioner, on non-fulfillment of demand of dowry, in furtherance of the common intention are said to have committed murder of the daughter of the informant after assaulting.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. Petitioner is husband of the deceased. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner

Patna High Court CR. MISC. No.85918 of 2023(2) dt.18-01-2024 2/2 is totally false and based on concocted facts. The real fact is that on the alleged date of occurrence, the petitioner was not even at his home or village rather he was at Kanpur which is also evident from the Muster Card issued by Kunal Global Fabtech Pvt. Ltd. It is further submitted that the deceased used to misbehave with the mother of the petitioner and therefore, there was a regular fight and argument between them as a result of the same, the deceased went into depression and committed suicide by hanging herself. There is no such injury on the body of the deceased as alleged. The cause of death of the deceased is Asphyxia due to hanging. Petitioner has no criminal antecedent as mentioned in para 3 of the bail application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the nature of the offence, as petitioner is husband of the deceased, I am not inclined to enlarge him on anticipatory bail.

7. The prayer for anticipatory bail of the petitioner is hereby rejected.

(Anjani Kumar Sharan, J) divyanshi/- U T