Patna High CourtCR. MISC./41154/2016rejected

Anoj Rai And ANR v. The State Of Bihar

2016-10-28Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41154 of 2016 Arising Out of PS.Case No. -140 Year- 2016 Thana -KORHA District- KATIHAR ======================================================

1. Anoj Rai S/o Late Upendra Rai

2. Neelam Devi W/o Anoj Rai Both are R/o Pirganj, P.S. Korha, Distt. - Katihar .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s : Mr. Sri Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-10-2016 Heard both sides.

The petitioners, namely, Anoj Rai and Neelam Devi apprehend their arrest in Korha P.S. Case No. 140 of 2016 under Sections 304(B)/34 of the Indian Penal Code. The informant alleged that his daughter had solemnized love marriage with Sonu Kumar Rai, son of the petitioners, about six months ago, but after marriage, his daughter informed him that Sonu Kumar Rai subjected her to different sorts of torture due to non fulfillment of demand of dowry. The informant got information on 31.05.2016 that his daughter was burnt to death. The informant alleged that the petitioners and their son burnt his daughter to death.

Patna High Court Cr.Misc. No.41154 of 2016 (3) dt.28-10-2016 2/2 Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law of the deceased. No specific allegation is made against the petitioners about the demand of dowry and torture. The independent witnesses in Paras 38, 39 and 40 of the case diary stated that the deceased had gone to her Nahir and she was humiliated by her parents because she had solemnized love marriage but it appears that the deceased died within six months of her marriage at her Sasural and the informant and other witnesses have stated that the petitioners and their son burnt the deceased to death due to non fulfillment of demand of dowry.

Considering the facts aforesaid, I am not inclined to enlarge the abovenamed petitioners on bail and, accordingly, the same is rejected.

(Prabhat Kumar Jha, J) ajaypd./- U T