Patna High CourtCR. MISC./54434/2018rejected

Gurucharan Chaudhary And ANR v. The State Of Bihar

2018-12-06Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54434 of 2018 Arising Out of PS. Case No.-68 Year-2018 Thana- PARSABAZAR District- Patna ======================================================

1. Gurucharan Chaudhary, S/o late Dasain Chaudhary,

2. Sona Devi, W/o Gurucharan Chaudhary, Both Resident of Village- Ismailpur, P.O. & P.S. Phulwarisharif, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shailesh Kumar For the Opposite Party/s :

Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Parsa Bazar Police Station Case No.68 of 2018 registered for the offences punishable under Sections 302/34 of the Indian Penal Code.

According to F.I.R., the petitioners, who are parents of the husband and others allegedly assaulted and turned to death to the mother of the informant.

Submission of learned counsel for the petitioners is that no other witness has supported the aforesaid allegation. Due to family dispute relating to sharing the available rooms, the present false case has been lodged. In fact the victim died while

Patna High Court Cr.Misc. No.54434 of 2018(3) dt.06-12-2018 2/2 cooking food and this fact has come even in the postmortem report. The perusal of case diary would reveal that the Police is not fare in the investigation of the case because there is no eyewitness to substantiate that the victim sustained fire injury while cooking food. Therefore, the story has been cooked up on the basis of hear say evidence.

Considering the nature of allegation against the petitioners, I am not inclined to enlarge the petitioners, above named on anticipatory bail. Hence, prayer is refused. (Birendra Kumar, J) abhishek/- U T