Patna High CourtCR. MISC./79762/2024rejected

Gulam Rajak v. The State Of Bihar

2025-03-22Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79762 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- SARAI District- Vaishali ====================================================== 1.

Gulam Rajak Son of Gauri Baitha R/o Village - Boariya, P.S. - Sarai, Dist. - Vaishali 2.

Pramila Devi Wife of Gulam Rajak R/o Village - Boariya, P.S. - Sarai, Dist. - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashi Bhushan Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 22-03-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in a case registered under Section 304B and 34 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of dowry death to the deceased due to non-fulfilment of dowry demand by the petitioners and his family members.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence. He next submits that the petitioners are father-in-law and mother-in-law of the deceased and no specific allegation against them.

5. Learned APP for the State opposes the prayer for

Patna High Court CR. MISC. No.79762 of 2024(3) dt.22-03-2025 2/2 anticipatory bail of the petitioners.

6. On perusal of the first information report, case diary and impugned order dated 04.10.2024, it appears that this is a case of dowry death of the deceased in suspected condition within one year from the marriage of the deceased and petitioners are named in the FIR. It also appears from perusal of postmortem report that the cause of death is asphyxia following strangulation, so allegation against the petitioners is so serious and the death of the deceased during one year from the marriage of the deceased, considering which, I am not inclined to grant anticipatory bail to the petitioners.

7. Prayer for anticipatory bail of the petitioners is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T