Umesh Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51555 of 2015 ======================================================
1. Umesh Ram S/o Paltu Ram resident of village - Noneya, Mahto Tola, P.S. Paharpur, District - East Champaran at Motihari. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 30-01-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in Paharpur P.S. Case No.240 of 2015 instituted for the offences under Sections 304(B)/34 of the Indian Penal Code.
The petitioner is the husband of the deceased. As per FIR allegation has been made to have killed the wife by sprinkling K. Oil.
Learned counsel for the petitioner submits that an affidavit has been filed by the father of the victim that some unknown villagers giving their name has filed criminal case. Criminal case can be set in motion by any person and not by near relatives. He further submits that Section 304(B) of the Indian Penal Code is not made out and there is contradictory statement made by the witnesses.
Patna High Court Cr.Misc. No.51555 of 2015 (3) dt.30-01-2016 Admittedly lady has died in the house of the petitioner on account of burnt injury.
Looking to the nature of allegation, this Court is not inclined to enlarge the petitioner on bail. Accordingly the prayer for bail is rejected at this stage. However, the court below is directed to conclude the trial within a period of nine months from the date of receipt/production of a copy of this order subject to the co-operation of the petitioner. It the trial is not concluded within the aforesaid period, petitioner will be at liberty to renew his prayer for bail.
(Shivaji Pandey, J) Vinay/- U T