Patna High CourtCR. MISC./73666/2018dismissed

Kalam Khan And ORS v. The State Of Bihar

2019-01-25Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73666 of 2018 Arising Out of PS. Case No.-392 Year-2018 Thana- JOGAPATTI District- West Champaran ======================================================

1. Kalam Khan, Son of Late Ismayal Khan.

2. Abdula Khan, Son of Kalam Khan.

3. Ladli Khatoon, Daughter of Nooraj Khan.

4. Najarun Khatoon, Wife of Kalam Khan, All are residents of VillagePiparpati, Police Station- Jogapatti, District- West Champaran. ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar No.-7 For the Opposite Party/s :

Mr.Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-01-2019 Petitioners apprehend their arrest in connection with Jogapatti P.S. Case No. 392 of 2018 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code. Allegation against the petitioner, who are father-inlaw, Bhaisur, mother-in-law and Nanad of the deceased, is of causing dowry death.

Submission of learned counsel for the petitioners is that in this case husband of the deceased has not been made accused and they have falsely been implicated and informant after coming to know the real fact has filed a compromise petition before the court below.

Heard learned APP also, who has opposed the prayer

Patna High Court Cr.Misc. No.73666 of 2018(3) dt.25-01-2019 2/2 for anticipatory bail of the petitioners stating tht statement of the deceased clearly shows the hands of the petitioners in setting her on fire and the same has also been supported by Mama of the deceased, who has come to save her.

Having heard both sides and in the facts and circumstances, I am not inclined to grant privilege of anticipatory bail to the petitioner, rather they should surrender and make prayer for regular bail, which shall be considered on its own merit.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T