Bikash Sharma @ Vikash Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No. 27779 of 2018 Arising Out of PS. Case No.-236 Year-2016 Thana- Jagdishpur District- Bhagalpur ====================================================== Bikash Sharma @ Vikash Sharma S/o Parmanand Sharma, R/o Vill.- Kharba P.S.- Jagdishpur, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shiwesh Chandra Mishra For the Opposite Party/s :

Mr. Dashrath Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 2.

07-05-2018 Heard Sri Shiwesh Chandra Mishra, learned counsel for the petitioner and Sri Dashrath Mehta, learned Addl. Public Prosecutor.

The petitioner, husband of the deceased and in custody since 20-09-2017 in Jagdishpur P.S. Case No. 236 of 2016 corresponding to Sessions Trial No. 35 of 2018 registered for offence under Sections 304(B), 120(B), 34 of the Indian Penal Code, has prayed for grant of bail.

Sri Mishra, learned Counsel for the petitioner submits that accidentally, the wife of petitioner got fire injury and thereafter, the petitioner carried her to hospital for better treatment, however, during the treatment, she succumbed to injury. He submits that the informant, father of the deceased, has belatedly lodged the present case.

Patna High Court Cr.Misc. No.27779 of 2018(2) dt.07-05-2018 2/2 On going through the F.I.R., it is evident that daughter of the informant was married with the petitioner only on 15-05-2015. As per F.I.R., since last four months, the deceased was residing with her husband in her in-laws' house and thereafter, it has been alleged that she was sprinkled kerosene oil and set on fire and during treatment, she succumbed to injury. On examining F.I.R., it appears that this petitioner had never informed informant, rather the informant was informed by the son, who was residing and staying in Bhagalpur. Learned Addl. Public Prosecutor submits that in the case, charge has already been framed.

Considering the nature of accusation as well as the fact that charge has already been framed, meaning thereby that trial has commenced, there is no reason to entertain the prayer for bail.

The petition stands dismissed.

(Rakesh Kumar, J.) anay U T