Gita Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22987 of 2017 Arising Out of PS.Case No. -213 Year- 2015 Thana -PUNPUN District- PATNA ======================================================

1. Gita Devi, Wife of Umesh Ram @ Prasad.

2. Tutu Ram @ Tutu Kumar, Son of Umesh Ram @ Prasad. Both are Resident of Village- Vaisa, Police Station- Punpun, DistrictPatna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad Singh, Advocate. For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Punpun P.S. Case No. 213 of 2015 instituted for the offence under Sections 498(A) and 304(B) of the Indian Penal Code.

It has been submitted on behalf of the petitioners that they are mother-in-law and brother-in-law (Dewar) of the deceased. It has further been submitted that there is specific allegation against these petitioners along with other accused persons of causing burn injury to the deceased by pouring K. oil which also get supports from post mortem report. Learned A.P.P. has submitted that in the post mortem,

Patna High Court Cr.Misc. No.22987 of 2017 (4) dt.01-07-2017 2/2 the doctor has found 95 per cent burn injury. In the Fardbeyan there is specific allegation against the petitioners along with other accused persons of pouring k.oil on the body of the deceased and set her on fire. The husband of the deceased is not present. Thereafter, she was taken to the PMCH where she died in course of treatment.

The independent witnesses in paragraphs 6 and 7 of the case diary also supported the case of specific allegation against the petitioners of pouring k.oil on the person of the deceased and set her on fire.

Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioner may surrender before the court below and make prayer for regular bail which shall be disposed off by the court below in accordance with law.

(Sanjay Priya, J) S.Ali/- U T