Patna High CourtCR. MISC./27154/2018dismissed

Goverdhan Rai And ORS v. The State Of Bihar

2018-06-20Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27154 of 2018 Arising Out of PS.Case No. -523 Year- 2016 Thana -DANAPUR District- PATNA ======================================================

1. Goverdhan Rai, Son of late Prabha Rai.

2. Ranju Devi Wife of Vinod Rai

3. Dheeraj Kumar @ Dheeraj Kumar Son of Vinod Rai. All Resident of Village-Manapura, Danapur, P.S. Danapur, District-Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kalyan Shankar For the Opposite Party/s : Mr. Sri Madhuranand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-06-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 498A, 307/34 and 302 of the Indian Penal Code and 3⁄4 of Dowry Prohibition Act.

Allegation against the petitioners is of committing torture and assault upon the victim and thereafter, of committing murder due to non-fulfillment of demand of dowry.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses against the petitioners. The petitioners have falsely been implicated in the present case. The petitioners

Patna High Court Cr.Misc. No.27154 of 2018 (3) dt.20-06-2018 are separate in mess and property from the husband of the deceased. They have no concern with the family affairs of husband of the deceased.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R. The F.I.R. is a dying declaration of the deceased. The specific allegations have been levelled against the petitioners and other co-accused for setting fire upon the deceased. The postmortem report also supports the allegations made in the FI.R.

Considering the aforesaid facts, I am not inclined to grant anticipatory bail to the petitioners. Accordingly, the prayer for anticipatory bail of the petitioners in connection with Danapur P.S. Case No. 523 of 2016 is rejected.

However, if petitioners surrender and pray for regular bail, the same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) A.K.V./- U T