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Patna High CourtCR. MISC./39631/2014rejected

Sangita Devi And ANR v. The State Of Bihar

2015-05-18Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39631 of 2014 Arising Out of PS.Case No. -80 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Sangita Devi Wife of Santosh Rai

2. Santosh Rai Son of Late Om Prakash Rai Both are resident of Dhabauli Police Station - Begusarai, Muffasil [Lakho O.P.], District - Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shashi Dhar Jha For the Opposite Party/s : Mr. Parmanand Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 18-05-2015 Heard Counsel for the petitioner and Mr. Pandey, APP for the State.

Petitioners being the gotni and devar of the victim have applied for anticipatory bail in a case instituted under different allied sections of the Indian Penal Code including Sections 498A and 307 IPC. Later on, Section 302 IPC was also added on the death of the victim.

As per allegation contained in the F.I.R., when the victim refused to cook fish for the family, it is alleged that both the petitioners herein poured K. Oil and lit fire. The victim received burn injures. Later, she died.

Counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.39631 of 2014 (3) dt.18-05-2015 2/2 allegations are general and omnibus. The petitioners reside separately. It is also submitted that victim died one month after the occurrence, obviously on account of wrong treatment. Learned APP, on the other hand, opposed the prayer for bail and contended that there is specific allegation against the petitioners.

Be that as it may, considering the allegation levelled against the petitioners, I am not inclined to privilege the petitioners with anticipatory bail. Prayer is rejected. (Kishore Kumar Mandal, J) Pankaj/- U T