Nand Kishore Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33116 of 2024 Arising Out of PS. Case No.-508 Year-2023 Thana- VAISHALI District- Vaishali ====================================================== Nand Kishore Rai S/o Shiv Shankar Rai R/o vill - Bhagwatpur, P.S.- Vaishali, Distt. - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Kumar Alok For the Opposite Party/s :
Mr. Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-08-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Vaishali Police Station Case No. 508 of 2023, disclosing offences under Sections 304(B), 201, 34 of the Indian Penal Code.
3. The prosecution story, as per the First Information Report is that marriage of informant's daughter was solemnized with the co-acused Sanjeet Kumar on 11.07.2019. After the marriage, the husband of the deceased, father-in-law, mother-inlaw, brother-in-law along with others, started demanding dowry of Rs. 5 lacs for purchasing a car. When the informant and the deceased expressed their inability to fulfill the demand of the accused persons, they physically tortured the deceased and on 19.11.2013, the informant received secret information that his
Patna High Court CR. MISC. No.33116 of 2024(2) dt.02-08-2024 2/3 daughter has been killed. Upon this, the informant reached the place of occurrence and found that the petitioners and others were burning the body of his daughter and upon seeing the informant, the accused persons fled away leaving the half burnt body of the informant's daughter.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and he has not committed any offence in the manner alleged. The allegations against the petitioner are false and fabricated inasmuch as no dowry was demanded by them from deceased or informant or tortured the deceased in any manner. The allegation is general and omnibus in nature and the petitioners due to ill behaviour of the deceased husband namely Sanjit Kumar are living separately. The other co-accused persons have been granted bail by this court in Cr. Misc. No. 12490 of 2024 on 14.03.2024.
5. I have heard learned counsel for the parties. From perusal of the FIR it appears that there is allegation of demand of dowry and torture prior to the date of occurrence. The petitioners is father-in-law of the deceased. From perusal of the impugned order, passed by learned Sessions Judge, Vaishali, Hajipur, it transpires that the place of occurrence is the bamboo clump belonging to the accused persons/petitioners where the
Patna High Court CR. MISC. No.33116 of 2024(2) dt.02-08-2024 3/3 body of the informant's daughter was being burnt. The postmortem report suggests the cause of death due to thermal burn and shock. The occurrence has taken place within seven years of the marriage and as per section 113B of the Evidence Act, there is a presumption against the accused persons. The petitioner tried to cremate the body of the deceased hurriedly and in secret manner in the bamboo clump belonging to them. The other accused persons who have been granted bail in the present matter are not the family members of the deceased's husband and are co-villagers. There is prima facie evidence against the petitioner, accordingly, I am not inclined to grant privilege of anticipatory bail to the petitioner.
6. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T