Brajesh Sah @ Brijesh Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 33222 of 2017 Arising Out of PS.Case No. -289 Year- 2016 Thana -MAJHAULIA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Brajesh Sah @ Brijesh Shah S/o Bigu Sah, R/o Vill Ojha Mathiya, P.S. Majhauliya, Dist.-West Champaran.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma For the Opposite Party/s : Mr. Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

20-07-2017 Heard Sri Ajay Kumar Sharma, learned counsel for the petitioner and learned Addl. Public Prosecutor. The petitioner, husband of the deceased, has prayed for grant of anticipatory bail in Majhauliya P.S. Case No. 289 of 2016 registered for offence under Sections 341, 307, 34, 304(B) of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, 1961.

It was submitted by learned counsel for the petitioner that ofcourse, in the F.I.R., it was alleged that after the occurrence, all the in-laws member, including the petitioner (husband), fled away, but fact remains that petitioner and his family members were present and in his presence, the victim was carried to a hospital for treatment. According to learned counsel for the

Patna High Court Cr.Misc. No.33222 of 2017 (2) dt.20-07-2017 2/2 petitioner, it is completely a case of false implication, whereas, on perusal of the F.I.R., it is evident that there is direct accusation and it is the fact that marriage of the deceased was solemnized in the year 2014 and she was done to death on 16-10-2016 and as per F.I.R., it is evident that by pouring kerosene oil, she was set on fire.

Considering the nature of accusation, there is no reason for extending the privilege of anticipatory bail. Dismissed.

(Rakesh Kumar, J.) Anay U T