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Patna High CourtCR. MISC./4509/2015rejected

Rakesh Ram And ANR v. The State Of Bihar

2015-02-03Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4509 of 2015 Arising Out of PS.Case No. -207 Year- 2011 Thana -CHAKIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Rakesh Ram, S/o Lakshan Ram.

2. Kanti Devi, W/o Lakshan Ram.

Both are Residents of village - Parsauni Khem, P.S. Chakiya, District - East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Opposite Party/s : Mrs. Sharda Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 03-02-2015 Heard the learned counsel for the petitioners and the learned counsel for the State.

The petitioners apprehend their arrest in Chakia P.S. Case No. 207/2011registered for the offence punishable under Sections 304B, 201/34 of the Indian Penal Code. The allegation is that the petitioner no.2 demanded a shebuffalo as dowry which was refused by the deceased Anita Devi. Thereafter, at the instance of petitioner no.2, other accused tied her hands and legs and after poring kerosene oil, the accused Ramesh Ram set fire which resulted into the death of the deceased. The learned counsel for the petitioners submits that the petitioners have been falsely implicated in this case and they have no

Patna High Court Cr.Misc. No.4509 of 2015 (2) dt.03-02-2015 2/2 criminal antecedent.

It appears that there is specific allegation of overt act against the petitioner no.2 and at her instance, other accused acted accordingly and caused the death of the deceased. Considering the facts and circumstances of the case, in my opinion, the petitioners do not deserve anticipatory bail. Their prayer is rejected.

(Amaresh Kumar Lal, J) V.K. Pandey/- U T