Prabha Devi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29460 of 2016 Arising Out of PS.Case No. -290 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Prabha Devi wife of Guddu Patel,
2. Guddu Patel, son of Dinesh Patel,
3. Dinesh Patel @ Dinesh Raut, son of Late Tulshi Raut, All residents of Village- Haraiya, P.S.- Raxaul, District- East Champaran .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Abhishek Kumar For the Opposite Party/s : Mr. Dr. Rabindra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-09-2016 Heard both sides.
The petitioners are the Gotani, Bhaisur and Sasur (father-in-law) of the deceased respectively and are facing prosecution under Sections 304-B, 201/34 of the IPC vide Raxaul P.S. case no. 290 of 2015 The allegation, in nutshell, is that the victim was married to the son of the petitioner no.3 and within 07 years of her marriage, she was done to death in the mysterious circumstance while staying at 'sasural'. There is also allegation that in-laws demanded dowry and on account of non fulfillment thereof, cruelty was perpetrated on her.
Patna High Court Cr.Misc. No.29460 of 2016 (3) dt.06-09-2016 2 / 2 Contention of the petitioners is that the victim was given medical assistance and admitted to a hospital where she ultimately died. The petitioners are living separately. The death of the deceased was informed to the informant. The petitioners deserve anticipatory bail.
Learned APP opposed the prayer.
Considering the seriousness of the allegations and the fact that they are named in the First Information Report and the allegations carry presumption of guilt, I am not persuaded to extend them the privilege of anticipatory bail. Rejected.
(Kishore Kumar Mandal, J) Shyam/- U T