Yogeshwar Sharma @ Manoj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54175 of 2019 Arising Out of PS. Case No.-282 Year-2019 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.

YOGESHWAR SHARMA @ MANOJ KUMAR Son of Late Ratan Sharma Resident of Village-Basdiha, P.S-Amjhor, District-Rohtas. 2.

Shyama Devi Wife of Yogeshwar Sharma Resident of Village-Basdiha, P.SAmjhor, District-Rohtas. ... ... Petitioner/s

Versus

1.

THE STATE OF BIHAR 2.

Partima Kumari Wife of Nand Kishore Sharma Resident of Village-Basdiha, P.O-Aurangabad Sairiya, P.S-Amjhor, District-Rohtas, at present D/o Late Dayanand Sharma, Resident of Mohalla-Daleganj Ward no.25, P.O-Sasaram, P.S-Sasaram, District-Rohtas.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rani Kumari For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 25-09-2019 This application, for grant of anticipatory bail, arises out of Sasaram Nagar P.S. Case No. 282 of 2019, disclosing offences under Sections 498A, 504, 506, 307, 34 and 120B of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act. Petitioners happen to be father in law and mother in law of the informant and allegation against them is of demand of dowry and subjecting the informant to cruelty and torture. It is also alleged that they have also poured the Kerosene Oil on the informant and tried to set her on fire, due to which, she sustained burn injuries and, thereafter, they fled away and the informant was taken to hospital for treatment.

Patna High Court CR. MISC. No.54175 of 2019(4) dt.25-09-2019 2/2 Submission of learned counsel for the petitioners is that she has set herself on fire and it is the petitioners, who have taken to the Tilauthu hospital and, thereafter, to Banaras, which will appear from admission and discharge register and witnesses during the investigation have also said the same thing.

Learned A.P.P. opposed the prayer for bail and submitted that several witnesses supported the prosecution case and the informant has sustained 40% burn injuries in the occurrence. Having heard both sides, considering the facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioners rather petitioners should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T