Patna High CourtCR. MISC./10900/2016dismissed

Parbati Devi v. The State Of Bihar

2016-04-05Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10900 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Parbati Devi W/o Late Sagar Jaiswal, Resident of Village - Yaduwansh nagar, Bharat Khand, P.S. - Parbatta (Bharat Khand), District - Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Hriday Prasad Singh(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 05-04-2016 Heard learned counsels for the petitioner and the State. The petitioner being the mother of husband of informant is languishing in custody since 13.01.2016 in a case registered for the offences punishable under sections 498A, 326A, 307/34 of the IPC and under Section 3⁄4 of Dowry Prohibition Act. The prosecution case is that on 31.12.2015 the petitioner and husband of informant poured acid on the head of informant for non-fulfillment of dowry demand of Rs. 2 lacs. It is submitted by learned counsel for the petitioner that though the accusation is omnibus and general against the petitioner and husband of informant in the FIR but in the subsequent statement the informant has specifically alleged that acid was poured by her husband in presence of this petitioner

Patna High Court Cr.Misc. No.10900 of 2016 (3) dt.05-04-2016 2/2 there.

It is submitted by learned APP, after going through the case diary, that there is specific accusation of pouring acid against this petitioner also in the FIR. The informant has supported the accusation levelled in the FIR but in her subsequent statement, in the concluding portion, she has stated that acid was poured by her husband and the injury has been found to be grievous. Considering the nature of accusation, this court is not inclined to enlarge the petitioner on bail, at present. The prayer is rejected.

Let the trial be expedited.

(Dinesh Kumar Singh, J) BKS/- U T