Dhanmanti Devi And ANR. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31162 of 2015 Arising Out of PS.Case No. -419 Year- 2014 Thana -FATUHA District- PATNA ======================================================

1. Dhanmanti Devi Wife of Surendra Paswan

2. Prakash Paswan Son of Surendra Paswan Both Residents of village - Khardar, Police Station Fatuha, District - Patna .... .... Petitioners

Versus

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

For the Petitioners : Mr. Digvijay Pratap Singh, Advocate.

For the Opposite Party : Mr. Surendra Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-11-2015 Heard both sides.

The petitioners apprehend their arrest in registered for the offence punishable under Section 436 of the Indian Penal Code.

The informant alleged that the petitioners set ablaze his house causing loss of Rs. One lakh.

It is submitted that the informant is not an eye witness of the occurrence and other witnesses have come to know about the occurrence from the informant. It is further submitted that the informant has stated in his further statement that when he went to his house which was inflamed the petitioners were standing there and they were putting some straw, the story appears improbable. The petitioners have got land dispute.

Patna High Court Cr.Misc. No.31162 of 2015 (4) dt.03-11-2015 2/2 Considering the facts aforesaid and the fact that the informant has very categorically stated that the petitioners set ablaze his house and when he went there, saw the petitioners standing and putting straw in the fire, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T