Patna High Court - Orders
Pintu Pamaria vs The State Of Bihar on 22 September, 2011
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20157 of 2011
Pintu Pamaria, Son of Kamta Pamaria, Resident of Mohalla Jhing Nagar,
P.S. Bihar, District Nalanda.
-------Petitioner
Versus
The State Of Bihar
-----Opposite Party
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For the State :- Mrs. Veena Kumari Jaiswal, A.P.P.
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03/- 22.09.2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State, who is armed with xerox/carbon copy of the case diary.
The petitioner apprehending his arrest in connection with a case registered for the offence punishable under Section 304 (B) of the Indian Penal Code, is one of the named accused in this case being husband of the deceased daughter of the informant, who died of burn injuries within three years of her marriage.
Submission is that at the relevant time, petitioner was not at the place rather he had gone outside in connection with his livelihood. Further, submission is that earlier at the instance of deceased one case under Section 498 I.P.C. was filed, wherein, all the family members were accused, but the matter was settled at the condition that petitioner will reside separately with his wife and children from her remaining family members, and accordingly, they were residing. It is also submitted that the deceased appears committed suicide since there was a quarrel between the petitioner and the deceased. It is pointed out by learned Additional Public Prosecutor that deceased suffered a lot for demand of dowry etc. and plea of alibi may be considered at appropriate stage.
Considering the facts and circumstances of the case, petitioner appears not entitled for the privilege sought. Hence, prayer for anticipatory bail of the above named petitioner in connection Bihar P.S. Case No. 67 of 2010, pending in the court of Chief Judicial Magistrate, Nalanda at Biharsharif, is hereby rejected.
( Akhilesh Chandra, J.) Praveen/-