Buchani Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34748 of 2014 Arising Out of PS.Case No. -164 Year- 2011 Thana -BIKRAM District- PATNA ======================================================

1. Siyamani Devi wife of Ramu Chaudhari resident of village Baliyari P.S. Bikram District Patna

2. Ramu Chaudhari, son of Dhunmun Chaudhari resident of village Baliyari P.S. Bikram District Patna .... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== with Criminal Miscellaneous No.40328 of 2014 Arising Out of PS.Case No. -164 Year- 2011 Thana -BIKRAM District- PATNA ====================================================== Buchani Chaudhary Son of Sri Daroga Chaudhary Resident of Village - Baliyari, Police Station - Bikram, Distt.- Patna. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

(In Cr.Misc. No.34748 of 2014) For the Petitioners : Mr. Ajay Kumar Sinha, Advocate.

For the Opposite Party : Mr. Sanjay Kumar Tiwary 1 (App) (In Cr.Misc. No.40328 of 2014) For the Petitioner : Mr. Kameshwar Prasad Sinha, Advocate.

For the Opposite Party : Mr. L.K.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-04-2015 Heard both sides.

The petitioners apprehend their arrest in Bikram P.S. Case No. 164 of 2011, registered for the offences punishable under Section 302 and other Sections of the Indian Penal Code. The brother of the deceased made allegation that on

Patna High Court Cr.Misc. No.34748 of 2014 (3) dt.28-04-2015 2/2 account of property dispute, the petitioners burnt his sister to death and threw her dead body in a river.

Learned counsel for the petitioners submits that during the course of investigation, the police submitted final form finding the case false against the petitioners and found the case ture only under Section 306 of the Indian Penal Code against Mallu Chaudhari the husband of the deceased. Thereafter, the court below took cognizance on perusal of the case diary against the petitioners.

There appears that the informant made allegation that the petitioners burnt his sister to death and her dead body was taken out from a river. There is no reason that, if the deceased committed suicide her dead body was thrown in the river. Considering the facts aforesaid, I am not inclined to enlarge the petitioners above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T