Krishna Mistri @ Krishn Mistri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17715 of 2019 Arising Out of PS. Case No.-601 Year-2018 Thana- NAWADA District- Nawada ====================================================== 1.

KRISHNA MISTRI @ KRISHN MISTRI, aged about 55 years(male), Son of Late Janki Mistry 2.

Shakunti Devi @ Shakuntla Devi, aged about 50 years(female), Wife of Krishna Mistri Both are resident of Village - Pachmna, P.S.- Nawada, Distt.- Nawada. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheo Kumar Prasad For the Opposite Party/s :

Mr.Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-03-2019 Heard both sides.

The petitioners apprehend their arrest in Nawada Town (Kadirganj) P.S. Case No.601 of 2018 registered under Sections 498(A), 341, 323, 307/34 of the Indian Penal Code and 3⁄4 of D.P.Act. Later on, Section 304 of I.P.C. was added vide order dated 04.09.2018.

The deceased herself made statement in Sadar Hospital Nawada that she was married with Salo Mistry but her husband, father-in-law, mother-in-law were demanding additional dowry. On 27.08.2018 at 7.00 a.m., her husband, her father-in-law, Krishna Mistri, (petitioner No.1), her mother-inlaw, Shakunti Devi(petitioner No.2) and maternal grand mother-

Patna High Court CR. MISC. No.17715 of 2019(2) dt.26-03-2019 2/2 in-law sprinkled kerosene oil on her body and set her ablaze. On alarm, many persons came and brought her to hospital. She burnt severe injury.

The learned counsel for the petitioners submits that there is omnibus and general allegation against the petitioners. The petitioners are father-in-law and mother-in-law of the deceased. The petitioners never demanded any dowry but it appears from the statement of the deceased made before her death in hospital that petitioners along with husband of the deceased sprinkled kerosene oil on the body of the informant and set her ablaze. The informant got severe burn injury and succumbed to the injury during the course of treatment. Considering the aforesaid facts and nature of allegation made against the petitioners that the petitioners set her daughter-in-law ablaze after sprinkling kerosene oil, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

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