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Patna High CourtCR. MISC./39791/2014rejected

Gita Devi And ANR v. The State Of Bihar

2015-03-27Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39791 of 2014 Arising Out of PS.Case No. -58 Year- 2014 Thana -IMAMGANJ District- GAYA ======================================================

1. Gita Devi wife of Janki Das resident of Village- Jharahar, P.S. Imamgaj, District- Gaya

2. Janki Das Son of Late Keshwar Das resident of Village- Jharaha , P.S. Imamgaj, District - Gaya .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rashid Izhar For the Opposite Party/s : Mr. Iftekhar Mahmood(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 27-03-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners seek anticipatory bail in Imamganj P.S.58 of 2014 instituted for the offences under Sections 304(B)/34/120B of the Indian Penal Code.

Allegation has been made against all the accused persons for demand of dowry. The lady died due to burn injury. Petitioner no.1 is mother-in-law and petitioner no.2 is father-in-law.

Learned counsel for the petitioners submits that at the relevant time petitioners were not at the place where the lady has died.

Patna High Court Cr.Misc. No.39791 of 2014 (2) dt.27-03-2015 Looking to the nature of allegation, this Court is not inclined to enlarge the petitioners on anticipatory bail. Accordingly the prayer for bail is rejected. However, this order will not prejudice the court below in considering the case of the petitioner. The court below while deciding the regular bail will consider the case of the petitioner in accordance with law.

(Shivaji Pandey, J) Vinay/- U T