Patna High CourtCR. MISC./29699/2016rejected

Arjun Prasad Gupta @ Arjun Sao And ANR v. The State Of Bihar

2016-10-05Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29699 of 2016 Arising Out of PS.Case No. -8 Year- 2015 Thana -KAKO District- JEHANABAD ======================================================

1. Arjun Prasad Gupta @ Arjun Sao, s/o late Madho Sao.

2. Kanti Devi, w/o Arjun Prasad Gupta @ Arjun Sao, both are r/v Kako P.S. Kako, Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Sujata Sinha For the Opposite Party/s : Mr. Sri Ram Sumiran Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 05-10-2016 Heard both sides.

The petitioners apprehend their arrest in Kako P.S. Case No. 8/2015, registered for the offences punishable under Sections 304(B) and 34 of the Indian Penal Code. The brother of the informant alleged that Sanjay Prasad (husband of the deceased), father-in-law, mother-in-law and brothers-in-law burnt his sister and his sister was brought to PMCH for treatment. On 26.12.2014, his sister also made her statement in PMCH before the Police officer deputed at PMCH. Learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased. Petitioners have never demanded any dowry nor tortured the deceased. The deceased was burnt on 20.12.2014. She died on

Patna High Court Cr.Misc. No.29699 of 2016 (3) dt.05-10-2016 2/2 17.01.2015 and the informant filed the case on 17.01.2015 after death of the deceased.

It appears that the victim herself made statement in PMCH before the police officer. She made very specific allegation that her husband and other in-laws were torturing her. On 20.12.2014, they abused her and burnt her after pouring kerosene oil.

Considering the facts aforesaid and the fact that the deceased herself made specific allegation against the petitioners and other in-laws, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) Rakhi U T