Ram Naresh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21540 of 2018 Arising Out of PS. Case No.-190 Year-2017 Thana- SIDHWARA District- Darbhanga ====================================================== Ram Naresh Thakur son of Late Yogendra Thakur resident of village - Rampura, P.S. Singhwara, District - Darbhanga. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. . Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Singhwara P.S. case No.190 of 2017 registered under Sections 307, 323, 336, 341, 354, 498A, 504/34 of the Indian Penal Code and subsequently added Section 302 I.P.C., pending in the court of Addl. Chief Judicial Magistrate IV, Darbhanga. Allegation is that the accused persons including the petitioner committed murder of the daughter of the informant due to non-fulfilment of demand of dowry.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There

Patna High Court Cr.Misc. No.21540 of 2018(3) dt.10-05-2018 2/2 is no eye witness to the alleged occurrence nor there is any substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the father-in-law of the deceased. The statement of the deceased has been recorded in paragraph 26 of the case diary. Specific allegation has been made against the petitioner for setting the deceased on fire. She had suffered 100 percent burn injury. The statement recorded in paragraph 26 of the case diary is dying declaration of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders and files regular bail in the court below, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) Narendra/- U T