Vinay Ray @ Vinay Prasad Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9904 of 2025 Arising Out of PS. Case No.-619 Year-2022 Thana- SAHPUR District- Patna ====================================================== Vinay Ray @ Vinay Prasad Yadav S/O Sri Nageshwar Ray Resident of Sanrari @ Sarari, P.S.- Shahpur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Supriya Kumari, Adv.
For the Opposite Party/s :
Mr. Mritunjay Kumar Nirala, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 24-06-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Sahpur P.S. Case No. 619 of 2022 dated 14.12.2024 registered for the offences punishable under Sections 307, 302 read with Section 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have set the informant on fire after pouring kerosene oil and locked the room from outside. Upon her noise, neighbours assembled and the lock of room was broken. Thereafter, she was taken to the hospital where after seven days, she died during the course of treatment.
Patna High Court CR. MISC. No.9904 of 2025(4) dt.24-06-2025 2/3
4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The charge-sheet has been submitted against the petitioner. It is further submitted that the petitioner was not present at the place of occurrence rather after hearing noise, the petitioner came for rescue of the deceased in which his hand got injured. The mother and brother of the deceased have an affidavit submitted that the petitioner has no role in the alleged occurrence. The petitioner has no criminal antecedent in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 07.08.2024. The co-accused person has already been granted regular bail by a Co-ordinate Bench of this Court vide order dated 07.08.2023 passed in Cr. Misc. No. 49392 of 2023.
5. Learned A.P.P. for the State has opposed the bail petition of the petitioner and submitted that the petitioner is the husband of the deceased. It is further submitted that the specific allegation against the petitioner that he regularly used to abuse and assault the deceased on small issues and on the date of incident he was instrumental in burning the deceased. As per para-11 and 12 of the case diary, the witnesses, Jharia Devi and Vikash Kumar have supported the prosecution case. It is further
Patna High Court CR. MISC. No.9904 of 2025(4) dt.24-06-2025 3/3 submitted that the cause of the death is due to burn injury.
6. Considering the aforesaid facts and circumstances of the case as well as the heinous nature of offence against the petitioner, this court is not inclined to grant bail to the petitioner and the same is rejected in connection with Sahpur P.S. Case No. 619 of 2022, pending in the Court of learned Additional Sessions Judge, VII Sub-Divisional Court, Danapur.
7. Learned court below is directed to conclude the trial of the petitioner at the earliest.
8. The application stands rejected.
(Chandra Prakash Singh, J) Shivam/- U T