Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11664 of 2017 Arising Out of PS.Case No. -30 Year- 2016 Thana -UPHARA District- AURANGABAD ====================================================== Dinesh Yadav, S/o Raja Ram Yadav, R/o Vill.-Daharu Bigha, P.S.-Uphara, Distt.-Aurangabad (Bihar) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Ranjit Kumar, Advocate.

For the Opposite Party : Mr. Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-04-2017 Heard both sides.

The petitioner seeks bail in Uphara P.S. Case No. 30 of 2016, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code.

The informant alleged that her father was quarreling and assaulting her mother for last 2-3 days on account of some family dispute. On 07.06.2016, her mother was going to her Naihar but after boarding the bus, her father pulled her from the bus by catching her hair, brought her inside the house and brutally assaulted her. The informant and her brother tried to save her mother but her grand father caught them. In the meantime, the petitioner sprinkled kerosene oil on the body of mother of the informant and ignited fire. The petitioner is also alleged to have

Patna High Court Cr.Misc. No.11664 of 2017 (3) dt.10-04-2017 2/2 sprinkled kerosene oil on the body of the informant and her brother Abhay Kumar and they also sustained burn injuries. Sri Akhileshwar Prasad Singh, learned senior counsel appearing on behalf of the petitioner submits that the mother and her children made an attempt to commit suicide. The petitioner took them to hospital but a false case has been lodged but from perusal of the FIR, itself, it appears that non else than the daughter who also got burn injuries made vivid descriptions of the entire occurrence and alleged that it was the petitioner who sprinkled kerosene oil on the body of her mother, on her and on her brother. Her mother and brother died due to burn injuries. Considering the nature of allegations made against the petitioner, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T