Chhanguri Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20291 of 2021 Arising Out of PS. Case No.-35 Year-2020 Thana- CHAUTHAM District- Khagaria ====================================================== Chhanguri Mahton Son of Late Jawahar Mahton Resident of Village- Kaithi, Police Station- Chautham, Distt.- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shekhar Kumar Singh For the Opposite Party/s :

Mr.M.A.Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-08-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Chautham P.S. Case No. 35 of 2020, registered for the offence under Section 307 & other allied Sections of the Indian Penal Code and Section 3 / 4 of Prevention of Witch Act.

As per the prosecution case, on 10.01.2020 at about 7 AM, while the informant was at home, her husband (petitioner) and mother-in-law came and started abusing her and thereafter, it is alleged that mother-in-law of informant poured kerosene oil on her body and this petitioner set fire on her body. Thereafter, the family members of informant came there and admitted her in hospital.

It is submitted on behalf of petitioner that petitioner,

Patna High Court CR. MISC. No.20291 of 2021(3) dt.31-08-2021 2/2 being husband, has falsely been implicated. In fact, since informant has no child and thereafter, she herself out of depression, committed suicide by setting her on fire. It is further submitted that during course of investigation, none of the witnesses have supported the prosecution case and petitioner is in custody since 26.06.2020.

However, learned A.P.P. for the State opposed the bail petition and submitted that there is specific allegation against this petitioner of setting the victim/informant on fire. Considering the aforesaid facts and circumstances as well as nature of allegation and the material collected during investigation, I am not inclined to grant bail to the petitioner and same is, accordingly, rejected.

(Prabhat Kumar Singh, J.) anay U T