Md. Jafir @ Jafir Alam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37646 of 2018 Arising Out of PS. Case No.-145 Year-2017 Thana- KARJA District- Muzaffarpur ======================================================

1. Md. Jafir @ Jafir Alam, Son of Serajul Alam @ Serajul Shah,

2. Jarina, Wife of Md. Jafir @ Jafir Alam, Both resident of Village- Darapatti, P.S.- Karja, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Tribhuwan Narayan, Adv.

For the Opposite Party/s :

Mr. J. N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-07-2018 Heard learned Counsels for the petitioners and learned APP for the State.

The petitioners, being parents of the husband of the victim-informant, are apprehending arrest in connection with Karja P.S. Case No.145 of 2017, registered for the offences punishable under Sections 120B, 307, 341 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act, pending before the learned ACJM-II (West), Muzaffarpur, wherein, subsequently Section 304B of the Indian Penal Code was added vide order dated 13.09.2017.

The prosecution case got initiated on the Fardbeyan of

Patna High Court Cr.Misc. No.37646 of 2018(2) dt.02-07-2018 2/3 Rawana Khatoon, recorded by S.I. Ahiyapur Police Station on 19.08.2017 at 08.40 P.M. at emergency ward of SKMCH, to the effect that the accused persons, including the petitioners, used to demand dowry and for nonfulfillment of dowry demand, co-accused, Habibul Khatoon fetched kerosene oil, when petitioner no.2, Jarina and coaccused, Nurain Alam, Hasnain Alam and Najre Alam caught the legs and hands of the victim, petitioner no.1 poured kerosene oil and husband, co-accused, Sadre Alam lit the match stick. As a result, she sustained serious burn injuries. Subsequently, she succumbed to injuries. It is submitted by learned counsel for the petitioners that the version of the fardbeyan is dubious. The petitioners claim to be reside separately from the husband of the victim. Moreover, the thrust of accusation is against the husband of the victim.

It is submitted by Mr. J. N. Thakur, learned APP for the State that there specific accusation against the petitioners of causing burn injuries to the victim.

Considering the specific nature of accusation levelled against the petitioners, this Court is not inclined to enlarge

Patna High Court Cr.Misc. No.37646 of 2018(2) dt.02-07-2018 3/3 them on anticipatory bail.

Accordingly, the prayer for bail of the petitioners is rejected.

(Dinesh Kumar Singh, J) Ashwini/- U T