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Patna High CourtCR. MISC./52472/2016rejected

Ajay Kumar @ Ajay Kumar Srivastava And ANR v. The State Of Bihar

2017-01-28Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52472 of 2016 Arising Out of PS.Case No. -88 Year- 2016 Thana -AHIAPUR District- MUZAFFARPUR ======================================================

1. Ajay Kumar @ Ajay Kumar Srivastava

2. Durgesh Kumar @ Durgesh Kumar Srivastava @ Durgesh Prasad Shrivastava Both are S/o Late Shyam Nandan Prasad @ Shyam Sunder Prasad R/o Village - Rajwara, P.S. - Sahebganj, District - Muzaffarpur, at present in the House of Chunchun Trivedi, Mohalla - Ayachi Gram Road No. - 2, P.S. - Ahiyapur, District - Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manoj Kumar Manoj, Advocate For the Opposite Party/s : Smt. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 28-01-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The Petitioners are apprehending their arrest in a case registered for the offences punishable under Section 304B/34 of the Indian Penal Code.

Nilu Devi died unnatural death in her matrimonial house within fifteen months of her marriage. There is allegation of demand of dowry and torture for the same soon before her death. The petitioners are elder brothers of the husband of the deceased. Considering the nature of allegation against the petitioners, I am not inclined to grant anticipatory bail to the

Patna High Court Cr.Misc. No.52472 of 2016 (3) dt.28-01-2017 2/2 petitioner in connection with Ahiyapur Police Station Case No. 88 of 2016 pending in the court of learned Chief Judicial Magistrate, Muzaffarpur/Successor Court. Accordingly, the prayer for anticipatory bail is rejected.

(Birendra Kumar, J) Mkr./- U T