Jitendra Ojha And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44161 of 2014 Arising Out of PS.Case No. -125 Year- 2013 Thana -BHORE District- GOPALGANJ ======================================================

1. Jitendra Ojha Son of Lalan Ojha

2. Shilpi Ojha @ Anshee Kumari Daughter of Lalan Ojha

3. Varsa Ojha @ Versa Kumari Daughter of Lalan Ojha Resident of Village-Kave, P.S.-Bhorey, District-Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Kumar Pandey For the Opposite Party/s : Mr. Arun Kumar Singh-5(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. The petitioner no.1 being the husband of the victim and petitioner nos. 2 and 3 being the unmarried sisters of petitioner no.1 are apprehending arrest in a case registered for the offences punishable under Sections 304B and 201/34 of the Indian Penal Code.

The accusation is of killing the daughter of the informant after about two years of the marriage for non-fulfillment of the dowry demand by causing burnt injuries and disposing of the dead body.

It is submitted by learned counsel for the petitioners that the victim received accidental burnt injury and informant has

Patna High Court Cr.Misc. No.44161 of 2014 (8) dt.04-08-2015 2/2 retracted from his initial version and filed a petition to that effect before the learned court below. Moreover, petitioner no.1 was outside the country on the alleged date of occurrence. It is submitted by learned counsel for the State that during investigation, it transpired that the victim was burnt to death.

Considering the nature of accusation, this Court is not inclined to grant anticipatory bail to petitioner no.1. Hence, the prayer for anticipatory bail with regard to petitioner no.1 is rejected.

So far as petitioner nos. 2 and 3 are concerned, since they are unmarried girls and the accusation is omnibus and general against entire in-laws family, let them be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Gopalganj in connection with Bhorey P.S. Case No. 125 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Dinesh Kumar Singh, J) Amrendra/- U T