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Patna High CourtCR. MISC./51221/2014dismissed

Mohiddin @ Md. Mohiddin And ANR v. The State Of Bihar

2015-05-21Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51221 of 2014 Arising Out of PS.Case No. -42 Year- 2013 Thana -NAW KOTHI District- BEGUSARAI ======================================================

1. Mohiddin @ Md. Mohiddin Son of Md. Mohiuddin

2. Sanjeeda Khatoon Wife of Mohiddin @ Md. Mohiddin Both are residents of Vill-Hasanpur Bagar,P.S-Naw Khothi,District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

===================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3.

21.05.2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in Naw Kothi P.S. Case No. 42 of 2013 dated 30.06.2013 instituted under Sections 302/34 of the Indian Penal Code.

The allegation against the petitioners being the father-in-law and mother-in-law of the deceased is that they along with other family members had burnt the deceased after sprinkling kerosene oil.

Learned counsel for the petitioners submits that the allegation is false and one witness has stated that it was only the husband who has committed the offence. It is further submitted that the petitioners have no criminal antecedent.

Patna High Court Cr.Misc. No.51221 of 2014 (3) dt.21-05-2015 2/2 Learned A.P.P.

opposes the prayer for anticipatory bail and submits that the petitioners being the father-in-law and mother-in-law and death having occurred due to 90% burnt, they cannot be absolved of the responsibility and from the F.I.R. itself it is clear that the reason was that the deceased had a stumbling speech and the husband of the deceased had also remarried prior to the date of occurrence.

Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioners on anticipatory bail.

The application, accordingly, stands dismissed. (Ahsanuddin Amanullah, J.) P. Kumar U T