Patna High CourtCR. MISC./51630/2015dismissed

Rudal Sah And ORS v. The State Of Bihar

2015-12-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51630 of 2015 ======================================================

1. Rudal Sah son of Late Manraj Sah

2. Umrawati Devi wife of Rudal Sah

3. Vijay Sah son of Rudal Sah All are residents of Village - Manorpur, P.S. Amnour, District Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Singh For the Opposite Party/s : Mr. B. N. Pandey, (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-12-2015 Heard both sides.

The petitioners apprehend their arrest in a case under Section 304B, 201/34 of the Indian Penal Code. The deceased was married to Raj Kumar Sah in the year 2008. The informant, father of the deceased, alleged that Raj Kumar Sah and others, including these petitioners, brutally assaulted his daughter and burnt her to death after sprinkling kerosene oil.

The learned counsel for the petitioners submits that the petitioners are father-in-law, mother-in-law and brother-in-law of the deceased and there is no specific allegation against them. The marriage was solemnized in the year 2008. The son of the

Patna High Court Cr.Misc. No.51630 of 2015 (3) dt.18-12-2015 2/2 deceased filed complaint case No. 1362/2015 making allegation that Uttam Sah and Baby Devi killed his mother but from perusal of the case diary, it appears that Baby Devi, own sister of the deceased, is married in the same house with Uttam Sah and she is an eye witness of the occurrence and she disclosed that firstly Basanti Devi was assaulted by her husband, father-in-law, motherin-law and brother-in-law and thereafter they all confined her in a room and burnt her to death after putting kerosene oil. Considering the facts aforesaid, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T