Sajo Devi And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40248 of 2016 Arising Out of PS.Case No. -25 Year- 2015 Thana -SIKTI District- ARRARIA ======================================================

1. Sajo Devi W/o - Jaldhari Risideo

2. Rajesh Sadar @ Rajesh Kumar Sada S/o Jaldhari .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Mr. Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-10-2016 Heard learned counsels for the petitioners and the State.

The petitioners being mother and brother of the husband of the daughter of the informant are apprehending arrest in a case registered for the offences punishable under sections 304B, 498A of the Indian Penal Code. Prosecution case is of killing the daughter of the informant after three years of marriage for non-fulfillment of dowry demand.

It is submitted by learned counsel for the petitioners that the accusation is omnibus and general against the entire inlaws family including the petitioners and the husband of the victim has already surrendered. The victim was suffering from

Patna High Court Cr.Misc. No.40248 of 2016 (3) dt.17-10-2016 2/2 diarrhoea and hence succumbed to the injuries. Mr. J. N. Thakur, learned APP after going through the case diary submits that the post-mortem reflects the death due to asphyxia caused by strangulation. The case diary suggests that the petitioners and the entire in-laws family killed the victim. Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to the petitioners. Let the learned Court below consider the prayer for regular bail of the petitioners, if the petitioners surrender within a period of six weeks in connection with Sikty P.S. Case No.25/2015, pending before the learned Judicial Magistrate, 1st Class, Araria.

With the above observation, this application is, accordingly, disposed off.

(Dinesh Kumar Singh, J) Ashwini/- U T