Mannu Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.29318 of 2017 (3) dt.07-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29318 of 2017 Arising Out of PS.Case No. -166 Year- 2016 Thana -GAUTAMBUDHNAGAR District- SIWAN ======================================================

1. Mannu Kumar Son of Late Arjun Ram Resident of Village - Chari, P.S. - G.B. Nagar, District - Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Umanath Mishra ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 07-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 07.02.2017 in connection with G.B. Nagar P.S. Case No. 166 of 2016 for offences punishable under Sections 341, 326, 307/34 of the Indian Penal Code and later on Section 302 of the IPC has been added.

The prosecution case, as lodged by the informant, is that while the informant had gone for natural call, the petitioner along with one un-named person tried to tie towel on her mouth and the petitioner sprinkled kerosene oil and burnt her. During course of treatment, she died.

Patna High Court Cr.Misc. No.29318 of 2017 (3) dt.07-08-2017 It has been submitted by the learned counsel for the petitioner that he is innocent, no one has seen the alleged occurrence and charge-sheet has also been submitted and there is no chance of tampering with the prosecution evidence. However, learned APP for the State opposes the prayer for bail stating therein that the informant was herself a victim and she had given her statement before the police alleging the involvement of the petitioner in the said offence. Considering the facts and circumstances and the materials on record, I am not inclined to grant privilege of bail to the petitioner at this stage and accordingly, his such prayer stands rejected in connection with G.B. Nagar P.S. Case No. 166 of 2016 pending in the Court of learned C.J.M., Siwan. (Nilu Agrawal, J) sushma/- U T