Ratnesh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61485 of 2019 Arising Out of PS. Case No.-89 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== 1.

RATNESH JHA Son of Jagannath Jha Resident of Village - Mandaidih, P.S.- Patepur, Dist.- Vaishali.

2.

Baby Devi Wife of Ratnesh Jha Resident of Village - Mandaidih, P.S.- Patepur, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Rajeev Nayan,App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned counsel for the parties.

The petitioners are apprehending their arrest in connection with Patepur P.S.Case No.89 of 2019 registered for offences punishable under Sections 304(B)/34 of the Indian Penal Code.

As per FIR, there was continuous demand of dowry by the accused persons including the petitioners, father-in-law and mother-in-law. It further appears that after fulfillment of the same, they continued to make demand with respect to 6 1⁄2 decimal of land and for that they have tortured her and killed her.

Submission of the learned counsel for the petitioners is

Patna High Court CR. MISC. No.61485 of 2019(4) dt.27-11-2019 2/2 that the postmortem report does not show any external injury on her person and the allegations are general and omnibus in nature. Further submission is that as she was taken to the hospital and during that she died.

Heard learned A.P.P. who has opposed the prayer for bail on the ground that viscera report was called for and the viscera report clearly shows that poisonous substance was found, as such it clearly appears that the petitioners are not coming with clean hands and they are suppressing the material facts at present, as such they do not deserve anticipatory bail. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioners, however, the petitioners are directed to surrender before the learned court below and make prayer for regular bail.

(Vinod Kumar Sinha, J) chn/- U T