Patna High CourtCR. MISC./50413/2014dismissed

Sukhdeo Rai And ANR v. The State Of Bihar

2015-06-22Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50413 of 2014 Arising Out of PS.Case No. -5 Year- 2014 Thana -AGAMKUAN District- PATNA ======================================================

1. Sukhdeo Rai, S/o Late Shibalak Rai,

2. Lalita Devi, W/o- Sri Sukhdeo Rai, Both are resident of villageRashalpur, P.S.- Fatuha, Distt.- Patna at present resident of village- Choti Pahari, Devi Asthan, P.S. Agam Kuan, Distt.- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Sinha For the Opposite Party/s : Mr. Md.Fahimuddin(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-06-2015 Heard both sides.

The petitioners apprehend their arrest in Agam Kuan P.S. Case No. 05 of 2014, registered for the offences punishable under sections 498-A, 307 and other allied sections of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was added.

The deceased before her death made an allegation that the petitioners, father-in-law and mother-in-law respectively along with her husband and other in-laws sprinkled K. Oil and set her ablaze.

It is submitted that during the course of investigation the witnesses in paragraphs 53 to 58 have stated that

Patna High Court Cr.Misc. No.50413 of 2014 (4) dt.22-06-2015 the petitioners, who happened to be the father-in-law and motherin-law, are living separately and they have no concern with the family affairs of the deceased and her husband but from the record it appears that the victim has very specifically made allegation that the petitioners and others set her ablaze after pouring K. Oil and consequently, the victim died on account of burn injury. Considering the facts aforesaid, I am not inclined to grant privilege of anticipatory bail to the petitioners in connection with Agam Kuan P.S. Case No. 05 of 2014 pending in the court of the Additional Chief Judicial Magistrate, Patna City. This application for anticipatory bail is, accordingly, rejected. (Prabhat Kumar Jha, J) Amin/- U