Gautam @ Gautam Kumar And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1375 of 2017 Arising Out of PS.Case No. -516 Year- 2016 Thana -BIHTA District- PATNA ======================================================

1. GAUTAM @ GAUTAM KUMAR & ANR.

2. Vicky @ Kunal Gaurav Both Sons of Sri Shambhoo Sao Resident of Village- Damaniya Pools, Bihta, Police Station- Bihta, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arvind Kumar Mouar For the Opposite Party/s : Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 14-02-2017 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in connection with Bihta P.S. Case No. 516 of 2016 registered under Sections498(A), 304(B), 120(B)/34 of the Indian Penal Code and Sections3/4 of Dowry Prohibition Act. Allegedly, the daughter of the informant was married four years ago with brother of the petitioners. It is further alleged that the informant's daughter was done to death on account of non-fulfillment of illegal demand of dowry.

It is submitted that the informant is not eye witness of the occurrence. The information regarding burning of the deceased was very much given to the informant. The allegation of demand

Patna High Court Cr.Misc. No.1375 of 2017 (3) dt.14-02-2017 2/2 of dowry is general and omnibus.

Considering the fact that petitioners are named in the FIR and witnesses at paragraphs-11, 12, 13 of the case diary corroborated the allegation against them and at paragraph-36 of the case diary, the injury was found on the person of the deceased, I am not inclined to extend the privilege of anticipatory bail to the petitioners and accordingly, their prayer for anticipatory bail in connection with Bihta P.S. Case No. 516 of 2016 stands rejected. (Arvind Srivastava, J) A.K.V./- U T