Patna High CourtCR. MISC./3408/2020bail rejected

Azad Kumar v. The State Of Bihar

2020-01-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3408 of 2020 Arising Out of PS. Case No.-1 Year-2019 Thana- ASHTHAWAN District- Nalanda ====================================================== 1.

AZAD KUMAR Son of Jugeshwar Paswan 2.

Pramod Paswan Son of Jugeshwar Paswan 3.

Asha Devi Wife of Jugeshwar Paswan All resident of Village - Mustafapur, P.S.- Asthawan, Distt - Nalanda. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Raj Kishor Prasad, Adv.

For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2020 Heard learned counsel for the petitioners and the learned APP for the State.

The petitioners apprehends their arrest in connection with Asthawan P.S. Case No.01/2019 registered under Sections 342,323,307,285,504/34,494,302 of the Indian Penal Code The accusation is that when the informant Chanchala Devi (deceased) was at her house on 20.12.2018, the husband of the informant Pappu Kumar @ Shambhu Kumar and eight other in-laws named in the FIR caught hold forcibly and started to abuse. At that time her husband sprinkle the k.oil and put the fire in which she sustained burn injury. On raising alarm the neighbour Ashish Kumar and Sachin Kumar rushed and extinguished the fire and thereafter she was rushed on the clinic

Patna High Court CR. MISC. No.3408 of 2020(2) dt.21-01-2020 2/2 of Ashok Kumar and from there she was referred to PMCH, Patna.

Learned counsel appearing on behalf of the petitioner submits that petitioner no.1 Azad Kumar and petitioner no.2 Pramod Paswan are brother-in-law and petitioner no.3 Asha Devi is mother-in-law of the informant Chanchala Devi (deceased) and they have falsely been implicated in this case without any specific overact more so charge sheet has been submitted against Shambhu Kumar @ Pappu Kumar and the case is committed and have been acquitted on 03.10.2019 which would evident from Annexure-2.

Having regard to the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioner. As such, prayer for anticipatory bail application is rejected.

(Rajendra Kumar Mishra, J) Prakash Narayan /- U T