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2005 DIGILAW 1019 (PAT)

Nisha Devi v. State of Bihar

2005-11-28

body2005
ORDER Heard the counsel for the petitioner and the counsel for the State. 2. Counter affidavit has been filed on behalf of opposite party nos. 2 and 3 but the counsel for the opposite parties is not present. 3. This application has been filed by the petitioner for cancellation of order granting bail to opposite party nos. 2 and 3 is connection with Uchkagaon P.S. Case No. 58 of 2004 passed by Sessions Judge, Gopalganj in which F.I.R. has been instituted for the offence under sections 498A and 307 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act. Petitioner is the informant of this case. Petitioner's case is that accused persons used to demand dowry. On account of non-fulfilment of dowry demand she was pushed by the accused persons on the gas stove as a result of which she received burn injury on her chest and stomach. The injury of burn was 60%. 4. Learned Sessions Judge considering this fact that there is discripancy in the prosecution story and the statements of the witnesses regarding the place where the petitioner sustained burn injury, has granted bail to the opposite party no.2 and 3. While granting bail this fact was ignored' that in the F.I.R. it is stated that the petitioner was pushed on Gas Stove in Kitchen but when the witnesses came they found this petitioner with burn injury in bed room. Learned counsel for the petitioner further submits that the accused persons/opposite parties who are brother and father of the petitioner's husband, are putting pressure on the petitioner for withdrawing the case. It has also been stated that Anil Tiwary, husband of the petitioner, is absconding. 5. Considering the facts and circumstances of the case I am of the view that the learned Sessions Judge has granted bail to the opposite party nos. 2 and 3 without properly considering the evidences in case diary. This application is allowed and order dated 29.12.2004 passed in B.P No. 1348 of 2004 granting bail to the opposite party nos. 2 and 3, in connection with Uchakagaon PS. Case No. 58 of 2004 by the Sessions Judge, Gopalganj, is hereby cancelled. 6. Sessions Judge, Gopalganj, is directed to cancel the bail bond of opposite party nos. 2 and 3 and issue warrant of arrest against them to be taken into custody.