Dipu Thakur And ORS. v. The State Of Bihar
Patna High Court Cr.Misc. No.7536 of 2016 (3) dt.12-04-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7536 of 2016 Arising Out of PS.Case No. -311 Year- 2015 Thana -BUXAR MUFFSIL District- BUXAR ======================================================
1. Dipu Thakur
2. Bittu Kumar @ Bittu Thakur @ Krishna Kumar, both sons of Vindhyachal Thakur
3. Kamla Devi W/o Vindhyachal Thakur All R/o village - Nadaon, P.S. Buxar ( M ), District - Buxar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bachan Jee Ojha, Adv. For the Opposite Party/s : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 12-04-2016 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 498A, 304B/34 of the Indian Penal Code registered in connection with Buxar (M) P.S. Case No. 311 of 2015.
3. It is submitted that the petitioners have been falsely implicated merely because they happened to be the brothers and mother of the husband of the victim. It is submitted that the deceased lady had been suffering from mental illness and was undergoing psychiatry treatment including aggressive behaviour, suicidal tendency and crying spells. It is further stated that the husband of the deceased is already in custody.
Patna High Court Cr.Misc. No.7536 of 2016 (3) dt.12-04-2016
4. Learned APP assisted by the learned counsel for the informant appearing suo motu opposes the anticipatory bail petition pointing out that processes under Section 82/83 Cr. P.C. have already been exhausted against the petitioners who are absconding. It is further submitted that there are direct allegations against the petitioners in the F.I.R. and the body of the deceased was found burnt and cloth had been stuffed in her mouth.
5. Having regard to the nature of the accusations and the gravity of the offence alleged, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. The anticipatory bail petition stands dismissed. (Vikash Jain, J) Md. Ibrarul/- U T