Ramniwas Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12605 of 2019 Arising Out of PS. Case No.-224 Year-2018 Thana- JAGDISHPUR District- Bhojpur ====================================================== Ramniwas Yadav, son of Hardev Singh, Resident of village-Isadi Bhabhniyawan, P.S.-Jagdishpur, District-Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 28-06-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No.224 of 2018 for the offence punishable under Sections 341, 323, 307 of the Indian Penal Code. The learned counsel for the petitioner informs that during the treatment, the injured informant Bhanu Giri died. However, police has not added Section 302 of IPC as yet. Leaned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has further drawn my attention towards Annexure-2 which is affidavit sworn by wife of the deceased, Bhanu Giri in which she has stated that informant, Bhanu Giri, has committed suicide. Learned counsel for the petitioner further submits that in

Patna High Court CR. MISC. No.12605 of 2019(4) dt.28-06-2019 2/2 subversion, DSP has also found that the deceased Bhanu Giri has committed suicide.

Learned counsel for the State opposes the prayer for bail and submits that the statement made by the injured informant is of the kind of dying declaration and the injured informant has himself given the statement in the hospital before the police that the kerosene was pored upon him by the petitioner, Ram Niwas Yadav and Ram Niwas Yadad has set him on fire due to which the informant has received burn injury and ultimately he died during the course of treatment. After having heard learned counsel for the petitioner as well as State and upon perusal of the First Information Report as well as materials available on record, it is evident that the injured informant has got recorded his fardbeyan in the hospital itself before the police in which he has specifically taken the name of the petitioner who after pouring kerosene has set the petitioner on fire. Accordingly, I am not inclined to grant anticipatory bail to the petitioner, therefore, the prayer for anticipatory bail on behalf of the petitioner is hereby rejected. sanjeev/- (Anil Kumar Sinha, J) U T