Patna High CourtCR. MISC./18813/2018rejected

Dilip Singh Yadav And ANR v. The State Of Bihar

2018-05-17Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18813 of 2018 Arising Out of PS.Case No. -126 Year- 2017 Thana -SARE District- NALANDA (BIHARSHARIFF) ======================================================

1. Dilip Singh Yadav son of Late Parsi Yadav

2. Chanarki Devi W/o Dilip Singh Yadav Both residents of village Manpur, P.S. Sare, District - Nalanda.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Raj Kishor Prasad For the Opposite Party/s : Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2018 Heard both sides.

The petitioners apprehend their arrest in Sare P.S. Case No.126/2017, registered under Section 304(B)/34 of the Indian Penal Code.

The informant alleged that he got information from his brother-in-law that Lal Muni Devi was burnt. A year ago, Lal Muni Devi was married to Kundan Yadav, son of Dilip Singh Yadav. The informant alleged that the petitioners and others were torturing his daughter due to non-fulfillment of the demand of dowry.

Learned counsel for the petitioners submits that the petitioners are father-in-law and mother-in-law of the deceased.

Patna High Court Cr.Misc. No.18813 of 2018 (4) dt.17-05-2018 2/2 During course of investigation, some of the independent witnesses of the village disclosed that the petitioners were working in the field on the date of occurrence but from perusal of the F.I.R. and the case diary, it appears that the deceased was married with Kundan Yadav, a year ago. Most of the witnesses have stated that the petitioners were also torturing the deceased due to nonfulfillment of the demand of dowry. The daughter of the informant was done to death within one year of her marriage in her in-law's house.

Taking into consideration the nature of the allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected in Sare P.S. Case No.126/2017, pending in the court of S.D.J.M., Nalanda at Biharsharif.

If the petitioners surrender in the court below, the learned court below shall consider the regular bail of the petitioner on its own merit without being prejudiced by this order. (Prabhat Kumar Jha, J) Amit/- U T