Most. Premi Kunwar @ Premi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52802 of 2016 Arising Out of PS.Case No. -12 Year- 2013 Thana -KAHAIYA District- MUZAFFARPUR ====================================================== Most. Premi Kunwar @ Premi Devi Wife of Late Baldeo Sah Resident of Village - Thatiya, Police Station - Kathaiya, District - Muzaffarpur. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Neeraj Kumar Alias Sanidh For the Opposite Party/s : Smt. Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-01-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kathaiya P.S. Case No. 12 of 2013 registered under Sections 302, 498A/34 of the I.P.C. pending in the Court of Judicial Magistrate, 1st Class, Muzaffarpur.

The allegation against the petitioner, who is motherin-law of the deceased, is of torture due to non-fulfillment of demand of dowry, which ultimately led to her death. Submission is that petitioner is mother-in-law aged about 70 years has committed no overt act. It is also submitted that the petitioner has no criminal antecedent and has falsely been implicated in this case.

Patna High Court Cr.Misc. No.52802 of 2016 (3) dt.17-01-2017 2/2 Learned A.P.P. appearing on behalf of the State vehemently opposed the prayer of the petitioner with submission that in the Postmortem Report, the Doctor has specifically mentioned that the deceased died due to asphyxia caused by hard and blunt substance, as detailed in paragraph no. 24 of the case diary and in course of investigation, the witnesses have also supported the prosecution case.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) Shail/- U T