Patna High CourtCR. MISC./22653/2017rejected

Mithilesh Jha @ Mithilesh Kumar Jha v. The State Of Bihar

2017-06-29Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.22653 of 2017 (3) dt.29-06-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22653 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -ANDHRATHARI District- MADHUBANI ======================================================

1. MITHILESH JHA @ MITHILESH KUMAR JHA son of Devendra Jha Resident of Village - Tharhi, Police Station - Andhratharhi in the district of Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Abhishek Anand For the Opposite Party/s : Mr. Sri Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 29-06-2017 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends arrest in connection with Andhratharhi P.S. Case No. 100 of 2016 registered under Sections- 341, 323, 326, 307, 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the informant was a woman of weak mind and might have got herself burnt. Petitioner on knowing about the incidence took her to local hospital for treatment. There is no eye witness to the alleged occurrence. It has come in the diary that she due to scuffle with her husband at clinic she went to her house and poured kerosene oil on her and burnt herself. Learned Addl. P.P. appearing for the State opposes

Patna High Court Cr.Misc. No.22653 of 2017 (3) dt.29-06-2017 the prayer for bail and submits that the informant died after recording the fardbeyan and as such the same became her dying declaration. During investigation, witnesses have supported the prosecution case.

Considering the facts and circumstances of the case, the submissions advanced on behalf of the parties and the nature of allegations levelled against the petitioner, I do not feel inclined to grant the privilege of bail to the petitioner. His prayer for bail is, therefore, rejected.

(Arvind Srivastava, J) Manish/- U T