Soni Kumari And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52944 of 2017 Arising Out of PS.Case No. -333 Year- 2017 Thana -HILSA District- NALANDA (BIHARSHARIFF) ======================================================
1. Soni Kumari, W/o Harendra Kumar,
2. Saimpu Kumari @ Shampu Kumari @ Priya Bharti, D/o Shiv Kumar Paswan,
3. Pancha Devi @ Pinki Devi, W/o Shiv Kumar Paswan, all r/o of villageTriloki Bigha, P.S.-Hilsa, District-Nalanda. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Anuj Kumar Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 19-03-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioner apprehends their arrest in Hilsa P.S. Case No.333 of 2017 instituted for the offence under Section(s) 304-B Indian Penal Code pending in the Court of the Additional Chief Judicial Magistrate, I, Hilsa, Nalanda.
It is alleged in the written report that these petitioners with other accused persons assaulted the daughter of the informant and set her on fire after pouring kerosene oil on her body on account of which she became injured badly. She was taken for treatment by the members of her Sasural. Information was given by the daughter of the informant from her mobile to
Patna High Court Cr.Misc. No.52944 of 2017 (3) dt.19-03-2018 2/3 Ghanshyam Kumar, nephew (Jauut) of the informant. Nephew of the informant reached Hilsa and found that daughter of the informant was badly burnt in the hospital at Hilsa. She was taken to Apollo Burn Hospital, where she died during course of treatment. It is further alleged that she married her daughter in the year 2003 and she was tortured in her Sasural for demand of dowry.
Case diary has been received. The doctor in the post mortem report has mentioned the cause of death due to burn injury.
Learned APP has submitted that the witnesses including the informant in different paragraphs of the case diary have supported the allegation of assaulting the daughter of the informant and causing burn injuries to her after pouring kerosene oil on her body.
Counsel for the petitioners has pointed out Anneuxre-2, which is a petition filed by the informant on 23.09.2017 that the deceased died while cooking meal. According to the fard-e-beyan, occurrence has taken place on 19.04.2017. The informant in her further statement before the police has supported the allegation against the petitioners.
Patna High Court Cr.Misc. No.52944 of 2017 (3) dt.19-03-2018 3/3 In such circumstances, this Court does not find it a fit case for grant of anticipatory bail.
Prayer of the petitioners for grant of anticipatory bail is rejected.
Petitioners may surrender before the Court below and seek regular bail, which shall be considered and disposed off in accordance with without being prejudiced by this order. (Sanjay Priya, J) JA/- U T