Dismissed

Kanhaiya Shah v. The State of Bihar

Patna HC9 Mar 2021CR. MISC./29821/2020

Case brief

AI extract

What is this about?

In a criminal miscellaneous petition filed for anticipatory bail in a dowry death case, the High Court refused bail to the deceased's in-laws, directing them to surrender for regular bail. The court cited the gravity of the allegation that the accused set the victim on fire.

What did the court decide?

Refused bail to petitioner no. 2 with direction to surrender and seek regular bail.

Kanhaiya Shah Vs The State of Bihar — Dowry and Cruelty | Patna HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29821 of 2020

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Arising Out of PS. Case No.-568 Year-2019 Thana- MUFFASIL District- West Champaran

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======================================================

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KANHAIYA SHAH S/o Late Gulli Sah Resident of Mahala Gani, P.S.Muffasil Bettiah, District-West Champaran.

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Kusum Devi W/o Kanhaiya Shah Resident of Mahala Gani, P.S.-Muffasil Bettiah, District-West Champaran.

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... ... Petitioners

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Versus

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The State of Bihar Bihar

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... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shantanu Kumar, Advocate For the Opposite Party/s : Mr.A.G. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER

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5 09-03-2021

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Heard learned counsel for the petitioner no.2 as well

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as learned Additional Public Prosecutor representing the State.

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The petitioner apprehends arrest in a case registered for the offence punishable under sections 304B/34 of the Indian Penal Code.

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Prosecution’s case, in brief, is that when the informant went to the matrimonial house of his daughter he found her burning and squirming and with the help of villagers he took her to a private hospital. Informant further alleges that in the hospital his daughter told her that petitioner no.1 and 2, who happen to be her father-in-law and mother-in-law respectively tortured her and did not give her food and by setting her on fire

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Patna High Court CR. MISC. No.29821 of 2020(5) dt.09-03-2021 2/2

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tried to kill her.

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Learned counsel for the petitioner no.2 submits that there is no demand of dowry and husband of the deceased has not been made accused in the case.

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Learned counsel for the State opposes the prayer for bail and submits that there is specific allegation against the petitioner no.2 that she along with petitioner no.1 killed informant’s daughter by setting her on fire.

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Considering the nature and gravity of allegation, prayer for bail of petitioner no.2 is refused with direction to surrender and seek regular bail which would be considered and disposed of on its own merit without prejudice.

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(Prabhat Kumar Singh, J)

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Shashi

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U T

Kanhaiya Shah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Kanhaiya Shah v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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