Kamta Sharma And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31029 of 2016 Arising Out of PS.Case No. -15 Year- 2016 Thana -AGIAUN BAZAR District- BHOJPUR ======================================================

1. Kamta Sharma s/o Late Ram Eqbal Sharma,

2. Kamla Devi W/o Sri Kamta Sharma Both R/o Village- Kairi Tiwaridih, P.S- Agion Bazar, District- Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ravindra Kumar, Adv. For the Opposite Party/s : Mr. Sri Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2016 Application with regard to petitioner no.1, Kamta Sharma has already been dismissed as withdrawn vide order dated 26.07.2016 since he was arrested.

So far as petitioner no.2, Kamla Devi being the motherin-law of the victim is concerned, she is apprehending arrest in a case registered for the offences punishable under Sections 304B and 498A/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant along with her six months old infant child within two years of the marriage for non-fulfillment of the dowry demand. It is submitted by the learned counsel for the petitioner that accusation of torture and demand of dowry is omnibus and general. The victim used to reside with her husband. Moreover,

Patna High Court Cr.Misc. No.31029 of 2016 (4) dt.17-10-2016 2/2 the independent witnesses have suggested that the victim bolted her door from inside and then committed suicide by setting herself on fire.

Mr. J.N. Thakur, learned APP, after going through the case diary, submits that accusation of torture and demand of dowry have been levelled against all the accused persons including the petitioner and the victim died in the joint in-laws house. Admittedly, the victim along with the infant child died unnatural death with burn injury.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioner no.2. Let the learned court below consider the prayer for bail of the petitioner no.2 if she surrenders within a period of six weeks in connection with Agion Bazar P.S. Case No. 15 of 2016 pending in the court of learned CJM, Bhojpur at Ara.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T