Kanhaiya Shah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29821 of 2020 Arising Out of PS. Case No.-568 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== 1.

KANHAIYA SHAH S/o Late Gulli Sah Resident of Mahala Gani, P.S.- Muffasil Bettiah, District-West Champaran.

2.

Kusum Devi W/o Kanhaiya Shah Resident of Mahala Gani, P.S.-Muffasil Bettiah, District-West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Shantanu Kumar, Advocate For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner no.2 as well as learned Additional Public Prosecutor representing the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

Prosecution's case, in brief, is that when the informant went to the matrimonial house of his daughter he found her burning and squirming and with the help of villagers he took her to a private hospital. Informant further alleges that in the hospital his daughter told her that petitioner no.1 and 2, who happen to be her father-in-law and mother-in-law respectively tortured her and did not give her food and by setting her on fire

Patna High Court CR. MISC. No.29821 of 2020(5) dt.09-03-2021 2/2 tried to kill her.

Learned counsel for the petitioner no.2 submits that there is no demand of dowry and husband of the deceased has not been made accused in the case.

Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner no.2 that she along with petitioner no.1 killed informant's daughter by setting her on fire.

Considering the nature and gravity of allegation, prayer for bail of petitioner no.2 is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice. (Prabhat Kumar Singh, J) Shashi U T