Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85708 of 2023 Arising Out of PS. Case No.-788 Year-2022 Thana- PHULWARISHARIF District- Patna ====================================================== Pintu Kumar SON OF UMESH SINGH RESIDENT OF VILLAGENAUHASA BAHADURPUR, PS- PHULWARI SHARIF, DISTT- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr.Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 304(B)/34 of the IPC. 3.

The allegation against the petitioner is that he along with other accused persons have killed the daughter of the informant due to non-fulfillment of demand of dowry.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to grudge. No such occurrence, in the manner as alleged, has ever taken place. The allegation leveled against the petitioner is not specific rather general and omnibus in nature. Petitioner is the husband of the deceased. Petitioner has no criminal antecedent.

Patna High Court CR. MISC. No.85708 of 2023(2) dt.18-01-2024 2/2 5.

Learned APP for the State opposed the prayer for bail by submitting that petitioner is the husband of the deceased and being the husband of the deceased, it was his duty to ensure the dignity and safety of his wife at her matrimonial house. 6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T