Kamla Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31481 of 2015 Arising Out of PS.Case No. -14 Year- 2015 Thana -PAWNA District- BHOJPUR ======================================================

1. Kamla Devi W/o Sri Kanhaiya Ojha, resident of village - Dhabhan, P.S. - Pawana, District - Bhojpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Ram Naresh Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 31-07-2015 Heard both sides.

The petitioner apprehends her arrest in a case under Section 304(B) and other sections of the Indian Penal Code. The victim alleged that she war married with Dilip Kumar Ojha in the year 2014 but due to non-fulfillment of demand of motor cycle her husband, mother-in-law, the petitioner and brothers-in law assaulted her, poured kerosene oil and set her ablaze. The second marriage was performed on 16.02.2015 and after two months of the second marriage the occurrence took place.

It is submitted that the victim alleged that she was burnt on 04.04.2015 but she made her statement on 06.05.2015 and it is not possible that she was kept in the house for more than a

Patna High Court Cr.Misc. No.31481 of 2015 (2) dt.31-07-2015 2/2 month.

Considering the fact that victim herself made very specific allegation that the petitioner and others assaulted her, badly burnt her and she succumbed to the injuries during the course of treatment, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected. (Prabhat Kumar Jha, J) BKS/- U T