Patna High CourtCR. MISC./19311/2017disposed

Chhakauri Sah And ANR v. The State Of Bihar

2017-05-09Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19311 of 2017 Arising Out of PS.Case No. -139 Year- 2016 Thana -MANIHARI District- MUZAFFARPUR ======================================================

1. Chhakauri Sah, Son of Late Rama Sah,

2. Babita Devi, Wife of Chhakauri Sah, Both resident of village - Maniyari Pokhari Gachhi, P.S. Maniyari, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nirmal Kumar Sinha, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-05-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 341, 323, 325, 326, 307, 498A, 304B and 34 of the Indian Penal Code.

Allegation against the petitioners is that they along with other in-laws have set the informant on fire, due to which she received severe burn injuries and was treated by the doctors. Heard learned counsel for the petitioners.

It has been submitted on behalf of the petitioners that no case under Section 304B of the Indian Penal Code is made out against the petitioners as they are neighbours of the deceased. Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail stating that the victim in her dying declaration had named these petitioners.

Patna High Court Cr.Misc. No.19311 of 2017 (2) dt.09-05-2017 2/2 Having heard both sides and Considering the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners.

However, petitioners may surrender in the court below, i.e., learned SDJM, West Muzaffarpur, and make prayer for regular bail which will be considered on the basis of materials available on record and will dispose of the same without being prejudiced by the order of this Court.

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