IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.2878 of 2008
DEENA SAH & ORS
Versus
THE STATE OF BIHAR
-----------
05 01.07.2008 Heard learned counsel for the three petitioners who
apprehend their arrest in connection with Ghorasahan P.S. Case No.
84 of 2006 registered under sections 498A, 304B, 201/34 I.P.C. and
have prayed for anticipatory bail. Also heard the learned A.P.P. for
the State.
The innocence of the petitioners is sought to be impressed
by the fact that they do not happen to be the family members of the
husband of the deceased, Shanta Devi, and as such their participation
in subjecting the deceased to cruelty and torture for non fulfillment
of dowry demand was difficult to believe. The learned counsel
further sought to submit that although the charge sheet has been
submitted under section 306 I.P.C. yet cognizance had curiously
been taken under section 304B and 201 I.P.C. although there were
no materials in the case diary or record to implicate the petitioner.
Unfortunately the active participation of the petitioners in
the torture of the deceased appears to be writ large in the case diary
and the Court appears to have rightly taken cognizance under
section 304B and 201 I.P.C. since the dowry demand appears to
have been made within seven years of the marriage.
I am not inclined to accept the prayer for anticipatory bail
as is made out on behalf of the petitioner and the same is rejected.
(Abhijit Sinha, J.)
Spd/-