Ram Prasad Kharga And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56844 of 2018 Arising Out of PS.Case No. -97 Year- 2018 Thana -DARBHANGA District- DARBHANGA ======================================================

1. Ram Prasad Kharga, S/o Late Narayan Kharga @ Narendra Kharga,

2. Rabindra Kharga S/o Ram Prasad Kharga,

3. Geeta Devi w/o Ram Prakash Kharga, All R/o Vill.- Basantganj, Shivajee Nagar, Ward No. 22, P.S.- Town, District- Darbhanga.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Smt. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners seek pre-arrest bail in connection with Darbhanga Town P.S. Case No. 97 of 2018 registered under Sections 341, 323, 504, 506,307 and 498A read with Section 34 of the Indian Penal Code.

Though this case has been filed under Sections 341, 323, 504, 506, 307 and 498A read with Section 34 of the Indian Penal Code, it has been brought to the notice of this court that in course of treatment, the victim died. The case is based on oral statement of the victim Shobha Devi, which was recorded in presence of the police and the doctor J. Chandra in

Patna High Court Cr.Misc. No.56844 of 2018 (2) dt.06-10-2018 2/2 emergency waiting room of Darbhanga Medical College and Hospital.

Regard being had to the gravity of the offence and dying declaration of the victim that the petitioners and one another set her on fire after pouring kerosene oil, I am not inclined to grant them pre-arrest bail. Accordingly, the application for grant of pre-arrest bail is rejected. (Ashwani Kumar Singh, J.) Kanchan/SkSuman.

U T