Mohit Kumar Sahni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46786 of 2014 Arising Out of PS.Case No. -85 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ======================================================
1. Mohit Kumar Sahni S/o Ramdeo Sahni
2. Sunita Devi W/o Ramdeo Sahni
3. Ramdeo Sahni S/o Bhabichan Sahni All residents of village - Akopur, P.S. Cheria Bariyarpur, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sunil Kumar Thakur For the Opposite Party/s : Mr. P.K.Chaurasia(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-06-2015 Heard Mr. Thakur for the petitioner and Mr. P.K. Chourasiya, APP for the State.
The petitioners herein are the devar, mother-in-law and father-in-law respectively of the victim who are facing accusations punishable under Section 304B of the Indian Penal Code. Within 07 years of marriage, the victim being the daughter of the informant was done to death in the matrimonial home while she was pregnant. It is further alleged that she was being tortured by the sasural people on account of non-fulfilment of dowry and was subjected to cruelty.
Counsel for the petitioner submits that they are separate from the husband of the deceased. Some witnesses have stated that
Patna High Court Cr.Misc. No.46786 of 2014 (3) dt.22-06-2015 2/2 there was separation in the family. The victim died abnormal death.
Learned APP opposed the prayer and submitted that the body was not presented for post mortem. There is clear allegation of cruelty which was subjected by the petitioners. Some witnesses have also supported the prosecution case.
Considering the facts and circumstances of the case, I am not inclined to privilege the petitioners with anticipatory bail. Prayer is, accordingly, rejected.
(Kishore Kumar Mandal, J) Pankaj/- U T