Patna High CourtCR. MISC./35743/2015dismissed

Bhagwan Kewat And ANR. v. The State Of Bihar

2015-10-30Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35743 of 2015 Arising Out of PS.Case No. -253 Year- 2014 Thana -DEEPNAGAR District- NALANDA (BIHARSHARIFF) ======================================================

1. Bhagwan Kewat Son ot Tikan Kewat

2. Krishna Devi @ Smt. Krishna Devi wife of Bhagwan Kewat Both resident of village- Takiapar, P.S.- Deep Nagar, District- Nalanda .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratnakar Ambastha For the Opposite Party/s : Mr. Smt.Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-10-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 304B, 201/34 of the Indian Penal Code. The brother of the deceased made allegation that within one year of marriage his sister was done to death by her husband and other in-laws.

The learned counsel for the petitioners submits that during the course of investigation the witnesses have stated that the petitioners, father-in-law and mother-in-law of deceased, were at the house of their daughter on the date of occurrence but it appears that the informant and other witnesses have very categorically stated that husband and other family members,

Patna High Court Cr.Misc. No.35743 of 2015 (3) dt.30-10-2015 2/2 including the petitioners, were torturing the sister of the informant and she was killed within one year of her marriage. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

The petitioners, if so advised, may surrender in the court below, i.e., learned S.D.J.M., Biharsharif at Nalanda in Deep Nagar P.S. case No. 353/14 and pray for regular bail. The court below shall consider the prayer for regular bail of the petitioners taking into consideration that the brother-in-law of the deceased has already been enlarged on regular bail.

(Prabhat Kumar Jha, J) BKS/- U T