← Library
Patna High CourtCR. MISC./18155/2015rejected

Ram Prasad Mahto And ANR. v. The State Of Bihar

2015-09-08Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18155 of 2015 Arising Out of PS.Case No. -266 Year- 2014 Thana -BAHERI District- DARBHANGA ======================================================

1. Ram Prasad Mahto Son of Baldeo Mahto

2. Urmila Devi Wife of Ram Prasad Mahto Both Resident of village - Sher, P.S. Baheri, District - Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bishwanath Prasad Singh For the Opposite Party/s : Mr. Kr.Virendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 08-09-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners, who are parents-in-law of the informant, seek anticipatory bail in connection with Baheri P.S. Case No. 266 of 2014, which was initially registered for the offences punishable under Sections 341, 342, 323, 504, 307 and 498-A read with 34 of the Indian Penal Code, but subsequently after the death of the informant, Section 302 was added in the FIR.

It is contended that the petitioners are innocent and there is general and omnibus allegation made against them in the statement given by the informant. It is further contended that the husband of the deceased is in custody and the allegations made by

Patna High Court Cr.Misc. No.18155 of 2015 (2) dt.08-09-2015 2/2 the informant in the FIR were based on persuasion of her family members.

Be that as it may, regard being had to the serious nature of allegation made by the deceased Veena Devi herself in emergency ward of PMCH, Patna wherein she has categorically stated that her husband had took her in a room and in the meantime other accused persons threw inflammable substance and set her on fire, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail is rejected.

(Ashwani Kumar Singh, J) Pradeep/- U T