← Library
Patna High CourtCR. MISC./14255/2022bail rejected

Sanoj Rajbhar v. The State Of Bihar

2023-02-07Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13924 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== 1.

SHANTI DEVI WIFE OF LALAN RAJBHAR R/O VILLAGE- CHUAR, P.O.- ADAVN, P.S.- KORAN SARAI, DISTRICT- BUXAR 2.

LALAN RAJBHAR SON OF LATE VIKHURBHAR R/O VILLAGECHUAR, P.O.- ADAVN, P.S.- KORAN SARAI, DISTRICT- BUXAR 3.

SEEMA DEVI WIFE OF PINTU BHAR R/O VILLAGE- CHUAR, P.O.- ADAVN, P.S.- KORAN SARAI, DISTRICT- BUXAR 4.

PINTU BHAR SON OF LALAN BHAR @ LALAN RAJBHAR R/O VILLAGE- CHUAR, P.O.- ADAVN, P.S.- KORAN SARAI, DISTRICTBUXAR 5.

SHASHIKANT RAJBHAR @ DHANUJ BHAR @ SHASHI BHAR SON OF LALAN BHAR @ LALAN RAJBHAR R/O VILLAGE- CHUAR, P.O.- ADAVN, P.S.- KORAN SARAI, DISTRICT- BUXAR ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

LAKHSHMINA DEVI WIFE OF SANOJ RAJBHAR, D/O- JAIRAM RAI R/O VILLAGE- MEHRAURA, P.S.- DUMRAON, DISTRICT- BUXAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 14255 of 2022 Arising Out of PS. Case No.-96 Year-2021 Thana- MAHILA PS District- Buxar ====================================================== SANOJ RAJBHAR Son of Lalan Rajbhar Resident of Village - Chuar, P.O.- Adavn, P.s.- Koran sarai, Distt.- Buxar.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lakhshmina Devi W/o Sanoj Rajbhar, D/o Jairam Rai Resident of Village - Mehraura, P.s.- Dumraon, Distt.- Buxar.

... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 13924 of 2022) For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.A.G.

(In CRIMINAL MISCELLANEOUS No. 14255 of 2022) For the Petitioner/s :

Mr.Arvind Kumar Pradhan For the Opposite Party/s :

Mr.A.G ======================================================

Patna High Court CR. MISC. No.13924 of 2022(6) dt.07-02-2023 2/3 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2023 Learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Though, due to non-compliance of peremptory order within time, the case was dismissed for non-prosecution, both the parties are agreed to put their submissions on merit. The case is restored.

Heard learned counsel for the petitioners as well as the learned counsel for the informant.

The petitioners apprehend their arrest in connection with Mahila P.S. Case No. 96 of 2021, registered for the offences punishable under Sections 341, 323, 504, 506, 307, 498A/34 of the Indian Penal Code & Section 3⁄4 of the D.P. Act. As per allegation, the marriage of victim was solemnized with Sanoj Rajhhar in the year 2018. The accused persons demanded customary presents as well as Rs. 50,000/- cash. The demand of Rs. 50,000/- was given by father of the informant. When the victim went to her matrimonial house, the accused inflicted severe atrocities on her for non-fulfillment of their demand of a motorcycle. They, after sprinkling kerosene oil, set her on fire.

Patna High Court CR. MISC. No.13924 of 2022(6) dt.07-02-2023 3/3 The learned counsel for the petitioners has submitted that petitioners in Cr. Misc. No. 13924 of 2022 are in-laws and petitioner in Cr. Misc. No. 14255 of 2022 is husband. The petitioners in Cr. Misc. No. 13924 of 2022 have no concern with day-to-day affairs of the couple. Moreover, process under Section 83 has been issued.

On the other hand, the learned APP has opposed the prayer for bail and submitted that there is specific allegation against the petitioners in Cr. Misc. No. 13924 of 2022 that they, along with husband, set her on fire, after sprinkling kerosene oil and she suffered grievous burn injuries.

In my view, the petitioners of both the cases do not deserve the privilege of anticipatory bail. Accordingly, anticipatory bail petitions are hereby rejected. Office shall ensure that all defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/Nirmal U T