Patna High CourtCR. MISC./1446/2016rejected

Rekha Devi And ANR v. The State Of Bihar

2016-01-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1446 of 2016 Arising Out of PS.Case No. -360 Year- 2013 Thana -DANAPUR District- PATNA ======================================================

1. Rekha Devi (mother of Bajranji) wife of Sawarath Rai

2. Bajrangi son of Sawarath Rai Both residents of Village- Ashopur, P.S. Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ganesh Prasad Yadav, Adv For the Opposite Party/s : Mr. Anant Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2016 Heard learned counsels for the petitioners and the State.

The petitioners being the aunt and cousin brother of the husband of the victim are apprehending arrest in a case initially registered for the offences punishable under Sections 307, 498A and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act and later on Section 304(B) of the Indian Penal Code was also added.

The allegation is of torture for non-fulfillment of dowry demand and causing burn injury by pouring kerosene oil. The prosecution case is based on the fardbeyan of the victim, wherein, it is alleged that she was being tortured by the

Patna High Court Cr.Misc. No.1446 of 2016 (2) dt.11-01-2016 in laws including the petitioners and all the accused persons. It is submitted by learned counsel for the petitioner that the mother of the victim in her statement under Section 164 of Cr.P.C., has suggested that the victim received accidental burn injury. Subsequently, the victim succumbed to the injuries. Considering the nature of accusation levelled against the petitioners, this Court is not inclined to grant the privilege of anticipatory bail to the petitioners in connection with Danapur Police Station Case No. 360 of 2013 pending in the Court of Additional Chief Judicial Magistrate, Danapur, Patna. Accordingly, the prayer of anticipatory bail of the petitioners is hereby rejected.

(Dinesh Kumar Singh, J) Ranjan/- U