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Patna High CourtCR. MISC./17057/2023dismissed

Teja Thakur @ Tega Thakur v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17057 of 2023 Arising Out of PS. Case No.-275 Year-2022 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

TEJA THAKUR @ TEGA THAKUR SON OF JAGDISH THAKUR R/O VILLAGE- LAKHAURA BICHLA TOLA, P.S.- LAKHAURA, DISTRICTEAST CHAMPARAN 2.

SUNITA DEVI WIFE OF TEJA THAKUR R/O VILLAGE- LAKHAURA BICHLA TOLA, P.S.- LAKHAURA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Muffasil (Lakhaura) P.S. Case No.275 of 2022, registered for the offence punishable under Sections 341, 323, 324, 307, 498(A), 302, 304B, 34 of the Indian Penal Code and 3⁄4 of the Dowry Prohibition Act.

3. The allegation against the petitioners is that they killed the informant/deceased on the pretext of non-fulfillment of demand for dowry.

4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.17057 of 2023(3) dt.17-07-2023 2/2 occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. Petitioners are the in-laws of the deceased and there is no specific overt act against them. Petitioners have no criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the informant/deceased gave a dying declaration before the A.S.I., that the accused persons including the petitioners, poured kerosene oil over her and set her on fire.

6. Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioners on bail. The prayer for grant of anticipatory bail on their behalf is hereby rejected.

7. Accordingly, this application is dismissed. (Anjani Kumar Sharan, J) shikha/- U T