Patna High CourtCR. MISC./1822/2016rejected

Sarita Devi @ Sharda Devi And ORS. v. State Of Bihar And ANR

2016-04-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1822 of 2016 Arising Out of PS.Case No. -174 Year- 2015 Thana -PAROO District- MUZAFFARPUR ======================================================

1. Sarita Devi @ Sharda Devi Wife of Shialal Rai

2. Shialal Rai Son of Faguni Rai

3. Birendra Rai @ Barindar Rai Son of Shialal Rai resident of village - Singaha Malahi, P.S. Paroo, District - Muzaffarpur .... .... Petitioner/s

Versus

1. The State of Bihar

2. Kiran Kumari Daughter of Ravindra Rai resident of village - Jagranathpur Dokara, P.S. Saraia, District - Muzaffarpur .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra For the Opposite Party/s : Mr. P.K.Choursiya(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2016 The petitioners being parents and brother are apprehending their arrest in a case registered for the offences punishable under Sections 341, 498A, 342, 323, 307, 504/34 of the Indian Penal Code.

The prosecution case is of torture to the daughter of the informant for non-fulfilment of dowry demand and causing burn injuries.

It is submitted by learned counsel for the petitioners that accusation is omnibus and general against the petitioners. The First Information Report was lodged after 35 days of the occurrence and the victim received accidental burn injury while cooking.

Learned A.P.P, after going through the case

Patna High Court Cr.Misc. No.1822 of 2016 (4) dt.05-04-2016 P2/2 diary has submitted that not only the informant and other witnesses but the victim herself has stated that petitioners also participated in causing burn injuries. The injury report suggests 70% burn injuries found to be grievous in nature. In the circumstance, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. Let learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Paroo P.S. Case No. 174 of 2015, pending in the Court of learned SubDivisional Judicial Magistrate, West, Muzaffarpur. With the observations above, the application stands disposed off.

(Dinesh Kumar Singh, J) Shageer/- U T