Santu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67245 of 2018 Arising Out of PS. Case No.-238 Year-2016 Thana- BIKRAM District- Patna ====================================================== Santu Kumar, Son of Raju Yadav, Resident of Village-Alampur, P.S. Dulhin Bazar, Distt.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2019 The petitioner apprehends his arrest in connection with Bikram P.S.Case No. 238 of 2016 registered under Sections 304B/34 of the Indian penal Code.

Allegation against the petitioner, who happens to be husband of deceased, is of dowry death.

Submission of learned counsel for the petitioner is that deceased has committed suicide and as such no offence under Section 304B of Indian Penal Code is made out. Heard learned APP who has opposed the prayer for bail stating that FIR itself disclosed that she was abused and assaulted as well as threatened by the petitioner and as such she has committed suicide act of abetment is on the part of petitioner.

Having heard both sides and in view of the facts and

Patna High Court CR. MISC. No.67245 of 2018(5) dt.09-04-2019 2/2 circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to him rather he should surrender within a period of six weeks from the date of receipt of a copy of this order and make prayer for regular bail, which shall be considered and disposed of on its own merit without being prejudiced by this order.

(Vinod Kumar Sinha, J) sujit/- U T