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Patna High CourtCR. MISC./74257/2018rejected

Haricharan Rai And ANR v. The State Of Bihar

2019-01-10Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.74257 of 2018 Arising Out of PS. Case No.-129 Year-2017 Thana- NADI P.S. District- Patna ======================================================

1. HARICHARAN RAI, S/o Late Sohan Rai

2. Daulti Devi, Wife of Haricharan Rai. Both Resident of Jethuli, P.S.-Nadi, Thana, Dist.-Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bipin Kumar For the Opposite Party/s :

Mr. Sri Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-01-2019 Heard both sides.

The petitioners apprehend their arrest in Nadi P.S. case No. 129 of 2017 registered under Section 304B/34 of the Indian Penal Code.

The informant, brother of the deceased, alleged that his sister was married to Sitaram Rai on 23.11.2017 but one week after marriage the husband and his other family members demanded Rs. One lac and motor cycle and they started subjecting her sister to physical and mental torture. On 13.12.2017 the sister of informant telephoned him about the demand of motor cycle and gold chain and also disclosed that the accused persons were assaulting her. When the informant went to the house of accused persons on 14.12.2017 he came to know that his sister was burnt by the petitioners and other

Patna High Court Cr.Misc. No.74257 of 2018(3) dt.10-01-2019 2/2 accused persons and her dead body was thrown in Mojipur, Jaithuli Ghat. The informant went there and saw that petitioners and others were throwing the dead body in the river Ganga. The learned counsel for the petitioners submits that petitioners are father-in-law and mother-in-law of the deceased. They are living separately. The informant filed compromise petition stating therein that the deceased got burn injuries while cooking but it appears that deceased herself informed her brother on 13.12.2017 about the demand of dowry and torture and on the next day the informant got information about the fact that she was burnt and her dead body was thrown by the side of river Ganga. The deceased was married to the son of petitioners on 23.11.

2017 and within three weeks of her marriage she was burnt to death and her dead body was thrown in the river Ganga. Considering the facts aforesaid and nature of allegation made against the petitioners, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

BKS/- (Prabhat Kumar Jha, J) U T