Patna High CourtCR. MISC./2457/2015rejected

Chandrika Sah v. The State Of Bihar

2015-03-12Mr. Justice Amaresh Kumar Lal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2457 of 2015 Arising Out of PS.Case No. -187 Year- 2014 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Chandrika Sah son of Late Vidhyachal Sah, resident of village- Parvati Kanya Uchcha Vidyalay Road, Ramnagar, P.S.- Ramnagar, District- West Champaran .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anand Kishore Choudhary, Adv. For the Opposite Party/s : Mr. Ajay Kumar-I, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AMARESH KUMAR LAL ORAL ORDER 12-03-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 324, 307/34 of IPC and subsequently section 302 and 201 IPC has been added. Allegation against the petitioner is that he had illicit relation with co-accused Kiran Devi, who came to Kabarikhana of the prosecutrix (deceased) and objected the company of Kiran Devi with her husband- petitioner and after altercation Kiran Devi poured kerosene oil and the petitioner set fire to the prosecutrix and during treatment she died.

Learned counsel for the petitioner submits that there

Patna High Court Cr.Misc. No.2457 of 2015 (3) dt.12-03-2015 2/2 is no eye witness to the occurrence. Neither post-mortem report has been done nor inquest report has been prepared. Learned counsel for the State submits that the prosecutrix is the victim herself and she died during treatment. Several witnesses have supported the prosecution case during investigation and after investigation the police has already submitted charge-sheet.

Considering the facts and circumstances, in my opinion, the petitioner does not deserve bail at this stage. His prayer for bail is rejected.

Let the trial be expedited.

(Amaresh Kumar Lal, J) Kanchan/- U T