Patna High CourtCR. MISC./29637/2017rejected

Ram Dayal Rai And ANR v. The State Of Bihar

2017-08-16Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29637 of 2017 Arising Out of PS.Case No. -210 Year- 2016 Thana -BHAGWANPUR DistrictVAISHALI(HAJIPUR) ======================================================

1. Ram Dayal Rai Son of Late Jhari Rai

2. Kamli Devi Wife of Sri Ram Dayal Rai AllResident of VillageRatanpura, P.S.-Bhagwanpur, District-Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Namrata Mishra For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 16-08-2017 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Bhagwanpur P.S. Case N0. 210 of 2016, disclosing offences under Sections 342,341,323,307,326,498A/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act as well as Section 304B of the Indian Penal Code. Petitioner No.1 is the father-in-law and petitioner No.2 is the mother-in-law of the deceased.

Allegation against them and other members of the family is of making demands for dowry and torture therefor. Allegedly, they poured Kerosene oil on the deceased body and set her on fire.

Learned counsel appearing on behalf of the

petitioners, referring to the First Information Report, has submitted that though these petitioners have been named in the First Information Report, no individual role of such petitioners has been mentioned in the First Information Report.

The First Information Report has been registered on the basis of the statement of the victim recorded by the police.

Considering the above submission, I am not inclined to grant anticipatory bail to the petitioners. This application is rejected.

The petitioners are directed to surrender before the Court below within four weeks from today and seek regular bail, if so advised. If they do so, their application for regular bail shall be considered on its own merit without being prejudiced by rejection of present application for grant of anticipatory bail by this Court.

(Chakradhari Sharan Singh, J) ArunKumar/- U