Kundan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.942 of 2019 Arising Out of PS. Case No.-22 Year-2017 Thana- MAHKAR District- Gaya ====================================================== Kundan Singh, son of Ram Pravesh Singh, resident of Village - Mira Bigha, P.S. Mahkar, District-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Smt Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-02-2019 This is an application for grant of anticipatory bail in connection with Mahakar P.S. Case No. 22 of 2017, disclosing offences under Sections 304(B)/34 of the Indian Penal Code. Allegation against the petitioner, who happens to be the husband of deceased, is of committing dowry death of the deceased.

Submission of learned counsel for the petitioner is that no case under Section 304(B) of IPC is made out, as the marriage was solemnized 12 years ago and the F.I.R. itself shows that this case has been filed with an ulterior motive. Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner stating that the statements of daughters of the deceased have been recorded and that clearly shows that the deceased was killed after pouring kerosene oil.

Patna High Court Cr.Misc. No.942 of 2019(3) dt.06-02-2019 2/2 Having heard both sides, considering the above facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail, which will be considered on its own merit.

Accordingly, this application is dismissed.

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