Patna High CourtCR. MISC./40063/2016dismissed

Sunil Ram And ORS v. The State Of Bihar

2016-12-23Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40063 of 2016 Arising Out of PS.Case No. -136 Year- 2016 Thana -NAUTAN DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Sunil Ram , s/o Sri Janak Ram

2. Savita Devi w/o Sunil Ram

3. Tara Devi w/o Sri Janak Ram All resident of village Jhakhara, Harijan Toli, P.S. Nautan ( Jagdishpur), District West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar For the Opposite Party/s : Mr. Sri Vinod Shankar Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 23-12-2016 Heard Sri Sanjeev Kumar, learned counsel for the petitioners and Sri Vinod Shankar Modi, learned Additional Public Prosecutor .

Three petitioners , who are in- laws of the deceased have approached this court with a prayer to grant anticipatory bail in Nautan (Jagdishpur) P.S. Case No. 136 of 2016 registered for the offence under Section 498A, 307 and 34 of the Indian Penal Code . Initially the case was registered for offences under Sections 498A, 307 and 34 of the Indian Penal Code , however subsequently, the victim died and it is now a case under Section 304B of the Indian Penal Code besides other Sections of the Indian Penal Code.

Patna High Court Cr.Misc. No.40063 of 2016 (9) dt.23-12-2016 2/2 Learned counsel for the petitioners tried to persuade the Court that on the basis of statement of the victim fardbyan of the victim was recorded in a private hospital in Patna and in that she had disclosed that accidentally she had received burn injury however, in this case earlier case diary was called for . It appears that the accused persons have taken contradictory stand even at one stage one of the accused has stated that she committed suicide by pouring kerosene oil . If this statement is examined vis -a- vis the so -called fardbyan of the deceased certainly there is apparent contradiction . In view of the fact that it is a case of dowry death and there is some material, there is no reason to extend the privilege of anticipatory bail.

The petition stands dismissed.

(Rakesh Kumar, J) Praful/- U T