Patna High CourtCR. MISC./9362/2017rejected

Dharmveer Rai And ANR v. The State Of Bihar

2017-04-26Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9362 of 2017 Arising Out of PS.Case No. -19 Year- 2015 Thana -MEHDIGANJ District- PATNA ======================================================

1. Dharmveer Rai, Son of Suhag Rai, Resident of Village- Ranipur Murcha, P.S.- Mehandiganj, District- Patna.

2. Suhag Rai @ Suhag Pahalwan, Son of Nemdhari Rai, Resident of Village- Ranipur Murcha, P.S.- Mehandiganj, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ved Prakash Srivastva For the Opposite Party/s : Mr. Sri Nand Kishore Pd ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 304B, 201 and 120B of the Indian Penal Code.

Victim Babita Devi died within eight months of her marriage in her matrimonial home in unnatural circumstance. There is allegation of demand of dowry and torture for the same. Submission of the petitioners is that the victim died due to chronic renal failure, which would be evident from paragraph 75 of the case diary. However, prescription of treatment and diagnosis is not available on the record. Further submission is

Patna High Court Cr.Misc. No.9362 of 2017 (3) dt.26-04-2017 that some family members have already been allowed anticipatory bail by a co-ordinate Bench of this Court vide Cr.Misc.No.46307 of 2016 and the present petitioners are brother and father of the husband of the deceased.

Considering the nature of allegation and presumption against the petitioners, I am not inclined to enlarge them on anticipatory bail. Accordingly, their prayer for anticipatory bail in connection with Mehandiganj P.S. Case No.19 of 2015 pending in the court of learned S.D.J.M., Patna City is refused.

Arvind/- (Birendra Kumar, J) U T