Patna High CourtCR. MISC./32602/2014rejected

Vijay Patel And ANR v. The State Of Bihar

2015-02-02Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32602 of 2014 Arising Out of PS.Case No. -24 Year- 2014 Thana -KATEYA District- MUZAFFARPUR ======================================================

1. Vijay Patel Son of Late Ram Chandra Patel

2. Saraswati Devi Wife of Vijay Patel Both resident of village- Dhanauti, P.S. Kathaiyan, Dist.- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur For the Opposite Party/s : Mr. Anita Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 02-02-2015 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in a case registered for offences punishable under sections 341, 323, 307, 498 A and 34 of the of the Indian Penal Code and Sections 3⁄4 of the Dowry Prohibition Act and after death of victim case was recorded under Section 304 (B) and 34 of the Indian penal Code. The allegation against the petitioners and their son is to have sprinkled kerosene oil on the person of the deceased and to have set her on fire.

It is submitted that the petitioners are father-in-law and mother-in-law of the deceased. The deceased got injured while

Patna High Court Cr.Misc. No.32602 of 2014 (2) dt.02-02-2015 2/2 she was cooking and she was taken to the local hospital for treatment and the informant was also informed. Learned counsel for the State submits that there is specific allegation of overt act against the petitioners. It has been mentioned in the fardbeyan of the informant that in the hospital itself the deceased narrated that the petitioners and their son Sunil Patel sprinkled kerosene oil and set fire which caused burn injury to the deceased and during treatment she succumbed to the injury. Considering the facts and circumstances, I am not inclined to grant anticipatory bail to the petitioners. Their prayer is rejected.

(Amaresh Kumar Lal, J) Sudha/- U T