The Patna High Court rejected the petitioner's plea for anticipatory bail in a case under sections 304(B) and 34 of the IPC involving the strangulation of his wife within seven years of marriage due to alleged dowry demand.
Prayer for anticipatory bail stands rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.1349 of 2020
Arising Out of PS. Case No.-4 Year-2019 Thana- ANGARH District- Purnia
======================================================
Sakir Mojahir Alam @ Sakir Son of Mehdi Hassan Resident of Village - Hariya Khal (Paschim Tola), P.S.- Angarh, District - Purnea.
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioner/s : Mr.Ram Prawesh Kumar For the Opposite Party/s : Mr.Shyam Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA
ORAL ORDER
Petitioner apprehends his arrest in connection with Angarh P.S. Case No. 04 of 2019 registered for the offence punishable under Section 304(B)/34 of the Indian Penal Code.
Petitioner happens to be husband of the deceased and the first information report goes to show that she died at her matrimonial home within seven years of her marriage. Furthermore, the informant claims that deceased was killed on account of non-fulfilment of illegal demand. The postmortem report of the deceased goes to show that cause of death of the deceased was asphyxia due to strangulation.
Considering the aforesaid facts and circumstances as
Patna High Court CR. MISC. No.1349 of 2020(2) dt.25-02-2020 2/2
well as submissions of the parties, I am not inclined to extend the privilege of anticipatory bail to petitioner. Accordingly, his
prayer for anticipatory bail stands rejected.
(Hemant Kumar Srivastava, J)
shahzad/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a section 304(B) IPC case involving the death of his wife.
Whether the facts and circumstances justify the extension of the privilege of bail.
Sakir Mojahir Alam @ Sakir Son of Mehdi Hassan
The State of Bihar
Hemant Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
