Nesha Kahtoon And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25533 of 2018 Arising Out of PS.Case No. -450 Year- 2017 Thana -HARSIDHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nesha Khatoon, wife of Amin Mian.

2. Chutun Miyan @ Chutun Alam, Son of Amin Mian, Both residents of Village- Dudahi Tal, P.S.- Harsidhi, District- East Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Mr. Arun Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-05-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Harsidhi P.S. Case No. 450 of 2017 instituted for the offence under Sections 304B/34 of the Indian Penal Code.

It is alleged in the written report filed by the informant (since deceased) that she was tortured by the family members of her Sasural for demand of dowry and for nonfulfillment of aforesaid demand, they have stopped meal for last 3-4 days. It is further alleged that on the date of occurrence petitioners with other accused persons set the informant on fire after pouring k.oil over her body. She was taken to Harsidhi PHC

Patna High Court Cr.Misc. No.25533 of 2018 (2) dt.02-05-2018 2/2 for treatment by the neighbours from where she was referred to Sadar Hospital for better treatment. Subsequently, she died during course of treatment and the case for the offence under Sections 304(B)/34 of the Indian Penal Code has been registered. Post mortem report has been enclosed as Annexure-2 which shows 99 per cent burn injury of the informant. Therefore, this Court is not inclined to grant anticipatory bail to the petitioners.

Prayer for anticipatory bail of the petitioners stands rejected.

Petitioners may surrender before the court below and make prayer for regular bail which will be considered by the court below in accordance with law without being prejudiced by this order.

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