Kalawati Devi And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.14684 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -AGIAUN District- BHOJPUR ======================================================
1. Kalawati Devi, wife of Gorakh Sharma,
2. Phulgena Devi@ Phulgova Devi, wife of Lallu Sharma, Both residents of Village- Barap, P.S.- Agiaon (Garahni), DistrictBhojpur. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Lallan Singh, Adv. For the Opposite Party/s : Mr. Sri Ram Priya Saran Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 20-07-2017 Heard Sri Ram Lallan Singh, learned counsel for the petitioners and Sri Ram Priya Saran Singh, learned Addl. Public Prosecutor.
Two petitioners, who are wife of brother of husband and mother-in-law respectively of the deceased, have prayed for grant of bail, in the event of their arrest or surrender in Agiaon (Garahni) P.S. Case No.01 of 2017 registered for the offence under Section 304(B)/34 of the Indian Penal Code. It was submitted by learned counsel for the petitioners that petitioners have falsely been implicated in the present case. He submits that the deceased had accidentally received fire injury and, thereafter, she was carried to hospital and
Patna High Court Cr.Misc. No.14684 of 2017 (4) dt.20-07-2017 2/2 during treatment she died. He further submits that there is no question of demand of dowry, whereas learned Addl. Public Prosecutor, opposing the prayer for anticipatory bail, submits that petitioners are named accused in the F.I.R. He submits that earlier case diary as well as post-mortem was called for. By way of referring to the statement made in paragraph-6 of the case diary, he submits that even other witnesses have stated regarding involvement of the petitioners. He further submits that the deceased was married in the month of May, 2016 and only within few months, she was done to death due to non-fulfilment of demand of dowry.
Considering the nature of allegation, I do not find any ground to extend the privilege of anticipatory bail. The petition stands dismissed.
(Rakesh Kumar, J) NKS/- U T