Hira Lal Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13136 of 2020 Arising Out of PS. Case No.-27 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== HIRA LAL PRASAD Son of Ram Chandra Bhagat @ Ram Chandra Prasad Resident of Village - Hari Pakari, P.O. and P.S.- Majhaulia, Distt - West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Singh For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-01-2021 Heard the learned counsel for the petitioner and Sri B.N. Pandey, the learned APP for the State.

The petitioner seeks regular bail in connection with Majhaulia PS case no. 27 of 2019 instituted for the offences punishable under Section 304(B), 201/34 of Indian Penal Code.

The accused persons including the petitioner herein who is the husband of the deceased victim lady, are stated to have killed the deceased victim lady by setting her on fire. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that

Patna High Court CR. MISC. No.13136 of 2020(5) dt.04-01-2021 2/2 the petitioner is languishing in custody since 16.01.2019 and there is no progress in the trial, hence the petitioner should be granted the privilege of regular bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available in the case diary, I find that a prima facie case is definitely made out against the petitioner herein, who happens to be the husband of the deceased victim lady and is alleged to have set the deceased victim lady on fire and killed her, hence I do not find any merit in the present case, thus the present petition stands dismissed.

(Mohit Kumar Shah, J) rinkee/- U T