Sonu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7735 of 2022 Arising Out of PS. Case No.-288 Year-2021 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== SONU KUMAR S/o Vinod Kumar Rai R/o Village Baishpura, P.S. Kargahar, District Rohtas at Sasaram.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Tribhuwan Narayan For the State :
Mr.Rajendra Singh For the informant Mr. Rajani Kant Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 30-08-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Petitioner seeks regular bail in Kudra P.S. Case no. 288/2021 registered for the offences punishable under sections 304B and 201/34 of the Indian Penal Code.
As per allegation informant's daughter had been tortured by the petitioner and his family members for the demand of Sikri and Motorcycle and finally petitioner poured Kerosene oil on his wife and thereafter set her on fire and during course of medical treatment, victim died due to burn injury. The main submissions advanced by Sri Tribhuwan Narayan, learned counsel appearing for the petitioner are that
Patna High Court CR. MISC. No.7735 of 2022(3) dt.30-08-2022 2/3 the allegation made in the FIR is totally false and deceased sustained injury while cooking meal and thereafter petitioner himself hired a jeep and took her to Varanasi for treatment, in this regard the doctor who treated the deceased and jeep driver recorded their statements before the Investigating Officer which shows that petitioner immediately took steps to save the victim after she sustained burn injury and said conduct of the petitioner falsifies the allegation made in the FIR. Further submission is that petitioner got his wife admitted in a college for her education and the said conduct of the petitioner also falsifies the allegation.
Sri Rajendra Singh, learned APP appearing for the State and learned counsel Sri Rajani Kant Singh for the informant have vehemently opposed the prayer for bail and submitted that victim died within 4 months of her marriage due to burn injuries and there is serious allegation against the petitioner. Heard both the sides and perused the FIR as well as the case diary. A serious allegation appears against the petitioner as the victim died just some months after her marriage by burn injuries. The informant alleged in the FIR that the petitioner and his family members had been torturing the victim for the demand of dowry. Petitioner has been charge sheeted under Section 304 (B) IPC and during investigation material
Patna High Court CR. MISC. No.7735 of 2022(3) dt.30-08-2022 3/3 witnesses supported the allegation made against the petitioner. In this regard paragraph nos. 3 and 4 of the case diary, containing the statements of the witnesses are relevant. Considering these facts and mainly taking into account the seriousness of allegation appearing against the petitioner, in the opinion of this Court, petitioner does not deserve the privilege of bail and accordingly, his prayer for bail stands rejected.
Learned trial Court is directed to expedite the trial of the petitioner. If trial is not concluded in the next one and half year then the petitioner may renew his prayer for bail. (Shailendra Singh, J) s.hassan/- U T