Patna High CourtCR. MISC./19887/2017rejected

Dinanath Thakur And ORS v. State Of Bihar And ANR

2017-06-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19887 of 2017 Arising Out of PS.Case No. -78 Year- 2016 Thana -JADOPUR District- GOPALGANJ ======================================================

1. Dinanath Thakur S/o Late Gopal Thakur,

2. Maina Devi W/o Dinanath Thakur,

3. Mukesh Thakur, S/o Dinanath Thakur, All are Residents of VillageHira Pakad, P.S.- Yadopur, District- Gopalganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Umda Thakur S/o Late Phuleshar Thakur, Resident of Village- Sri Rampur, P.S.- Manjhagarh, District- Gopalganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Dhananjay Kumar Upadhyay, Adv For the Opposite Party/s : Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-06-2017 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/211/34 of the Indian Penal Code.

The daughter of the informant was married with petitioner Mukesh Thakur, just a year back. She met unnatural death in her matrimonial house. There is allegation of demand of dowry and torture for the same. Other petitioners are parents of Mukesh Thakur.

Learned counsel for the petitioner submits that there is

Patna High Court Cr.Misc. No.19887 of 2017 (3) dt.29-06-2017 2/2 no witness of the occurrence. The allegation is based on complaint petition. No other witness has supported the prosecution allegation of demand of dowry and torture for the same.

The family members have supported the illegal demand and torture soon before death.

Considering the material available against the petitioner and the seriousness of the allegation, I am not inclined to grant anticipatory bail to the petitioner in connection with Yadopur Police Station Case No. 78 of 2016 pending in the Court of learned Additional Chief Judicial Magistrate-XIV, Gopalganj/Successor Court.

Accordingly, the prayer for anticipatory bail is refused.

(Birendra Kumar, J) Mkr./- U T