Patna High CourtCR. MISC./27161/2016rejected

Anil Dubey And ORS v. The State Of Bihar

2016-09-01Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27161 of 2016 Arising Out of PS.Case No. -121 Year- 2015 Thana -GORIAKOTHI District- SIWAN ======================================================

1. Anil Dubey, Son of Late Amla Dubey

2. Anita Devi, Wife of Anil Dubey

3. Subash Kumar Dubey, Son of Anil Dubey

4. Guddu Dubey, Son of Anil Dubey All are residents of village - Bhithi, P.S. Goriyakothi, District - Siwan .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ajay Kumar Pandey, Adv. For the Opposite Party : Smt. Reena Sinha, APP 163 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 01-09-2016 Heard both the sides.

The petitioners apprehend their arrest in Goriyakothi P.S. Case No. 121 of 2015 under Sections 304B and 34 of the Indian Penal Code.

The informant alleged that he married his daughter, Rubi Kumari, a month ago with Anil Dubey, son of late Amla Dubey, and after marriage his daughter went to her sasural, but, her husband, father-in-law, mother-in-law and brothers-in-law started subjecting to physical and mental torture and they were demanding rupees five lakhs. His daughter informed him about such torture and informant tried to pacify the matter. The informant, on information, went to Siwan Hospital, where the dead body was found and the accused persons fled away. The learned counsel for the petitioners submits that during the course of investigation the witnesses have stated that due to accidental fire the deceased got burn injuries. The husband and the father-in-law of the deceased, immediately after the marriage, went out side the village for job and case is

Patna High Court Cr.Misc. No.27161 of 2016 (3) dt.01-09-2016 compromised. From the first information report, itself, it appears that the informant, father of the deceased, made specific allegation that the petitioners were torturing is newly wedded daughter, who was married just a month before her death due to burn injuries and accused persons made all attempts to tamper with the evidence by filing the compromise petition.

Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) SA/- U √ T √