Ashok Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12544 of 2019 Arising Out of PS. Case No.-70 Year-2017 Thana- SIRDALA District- Nawada ====================================================== Ashok Rajbanshi Son of Late Kishun Rajbanshi, Resident of Village - Bandhi, P.S.- Sirdalla, Distt.- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Deepak Kumar For the Opposite Party/s :
Mr.Ajay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-05-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Sirdalla P.S. case No.70 of 2017 registered under Sections 302/34 of the Indian Penal Code, pending in the court of A.C.J.M. V, Nawada.
Allegation is that the accused persons including the petitioner committed murder of the sister of the informant by pouring kerosene oil on her body.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 3.7.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to
Patna High Court CR. MISC. No.12544 of 2019(3) dt.09-05-2019 2/2 suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. The deceased is said to have died due to burn injury as per the postmortem report.
Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The court below is directed to expedite the case. (Sudhir Singh, J) Narendra/- U T