Sumit Puri v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10630 of 2017 Arising Out of PS.Case No. -86 Year- 2016 Thana -PIPRAKOTHI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Sumit Puri, son of Brijmohan Puri, resident of Kishunpur Jivdhara, P.O. - Jivdhara, P.S. - Piprakothi, District - East Champaran, Motihari. .... .... Petitioner
Versus
1. The State of Bihar.
2. Santosh Kumar Giri, S/o Late Sunil Giri, Resident of Village - Balua Vrita, P.S. - Ramgarwa, District - East Champaran, Motihari. .... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Vikas Ratan Bharti, Advocate For the Opposite Parties : Smt Pushpa Sinha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 18-04-2017 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel representing the State.
The petitioner seeks bail in connection with Piprakothi P.S Case No. 86 of 2016 registered for the offences punishable under Sections 498A, 304(B) and 120 B of the Indian Penal Code and Section 3/4 of D.P. Act.
Ritu Devi, the sister of the informant was married to the petitioner on 10.06.2015 thereafter the petitioner and others started demanding land situated at Raxaul Dankan, by way of dowry and due to non-fulfillment, the petitioner and other in-laws after making conspiracy burnt her, she was pregnant of four
Patna High Court Cr.Misc. No.10630 of 2017 (3) dt.18-04-2017 2/3 months, she was treated at Rahmaniya hospital, Motihari and thereafter at Patna Apollo hospital and thereafter at Safdarganj hospital, Delhi, where the sister of the informant disclosed that due to non-fulfillment of their demand of land they have burnt her thereafter on 14.06.2016 the sister of the informant died. Submission is of false implication and that there was cordial relation between the petitioner and his wife, she received burnt injury due to accidental fire, and she was admitted for treatment at Rahmaniya hospital, Motihari and from there she was brought to Apollo hospital, Patna and thereafter she was brought to Safdarganj hospital, Delhi, efforts were taken to save her but in vain, the Dy. S.P. during supervision has found that the deceased burnt herself due to some petty dispute and, as such, the petitioner deserves sympathetic consideration.
Learned A.P.P duly assisted by the learned counsel for the informant seriously opposes the prayer of bail by submitting that investigation has been handed over to the C.B.I. by the order of this Court vide Cr. Misc. No. 41221 of 2016 by order dated 16.11.2016. During investigation, witnesses have supported the allegation. The deceased before her death has stated that she was burnt by the petitioner and other in-laws and, as such, the petitioner does not deserve sympathetic consideration.
Patna High Court Cr.Misc. No.10630 of 2017 (3) dt.18-04-2017 3/3 In the facts and circumstances stated above, considering the allegation attributed against the petitioner, I am not inclined to enlarge the petitioner on bail and accordingly, his such prayer stands rejected in connection with Piprakothi P.S. Case No. 86 of 2016, pending in the court of learned Chief Judicial Magistrate, East Champaran, Motihari. (Jitendra Mohan Sharma, J.) Rajiv/- U T