Raj Kumar Choudhary And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.23342 of 2017 (2) dt.12-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23342 of 2017 Arising Out of PS.Case No. -142 Year- 2016 Thana -KHUDAGANJ District- NALANDA (BIHARSHARIFF) ======================================================

1. Raj Kumar Choudhary son of Agnu Choudhary.

2. Anita Devi wife of Raj Kumar Choudhary, both resident of villageBaira, P.S. Khudaganj, District- Nalanda, Bihar. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dileep Kumar Jha, Adv. For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P. For the Informant : Mr. Vibhuti Ranjan Sonvadra, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 12-06-2017 Heard the learned counsel for the petitioners, the learned Additional P.P. for the State and the learned counsel for informant. The petitioners apprehend their arrest in connection with Khudaganj P.S. Case No.142 of 2016 dated 21.11.2016 for the offence punishable under Section 304(B) and 34 of the Indian Penal Code.

The accusations leveled against the petitioners are that they had tortured the deceased on account of non-fulfillment of demand of dowry.

It has been submitted by the learned counsel for the petitioners that the petitioners are father-in-law and mother-in-law of the deceased and the deceased and her husband were living separately.

Patna High Court Cr.Misc. No.23342 of 2017 (2) dt.12-06-2017 Having heard the learned counsel for the parties, it is apparent that there is direct allegation against the petitioners for setting fire the deceased. The alleged offence is serious in nature and the deceased had died within seven years of marriage. In such view of the matter, I do not find it a fit case for grant of anticipatory bail. The prayer for anticipatory bail, in connection with Khudaganj P.S.Case No. 142 of 2016, pending in the court of learned A.C.J.M., Hilsa, Nalanda, is rejected. If so advised, the petitioners may surrender in the court below within a period of four weeks and pray for regular bail. In such event, the learned trial court shall consider the prayer for regular bail on its own merit, without being prejudiced by the order of this Court.

(Mohit Kumar Shah, J) BTiwary/- U T