Md. Reyaj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20877 of 2022 Arising Out of PS. Case No.-22 Year-2021 Thana- PIPRASI District- West Champaran ====================================================== MD. REYAJ SON OF MD. NIJAMUDDIN R/O VILLAGE- PARSAUNI, P.S.- PIPRASI, DISTRICT- WEST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 31-08-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner has preferred this application for grant of regular bail in a case registered u/s 304B read with 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and coaccused persons are alleged to have tortured the daughter of the informant and burnt her to death due to non-fulfillment of demand of dowry under conspiracy.

Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.20877 of 2022(3) dt.31-08-2022 2/2 the petitioner is innocent and has falsely been implicated in this case. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is the husband of the deceased. There is no specific allegation against the petitioner.The petitioner is in custody since 30.04.2021.

Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the postmortem report shows that the deceased sustained 100 percent burn injuries. As per the inquest report, the cause of death is reported to have burnt by sprinkling kerosene oil and the record does not show that the petitioner has taken any step to save the life of the victim. The cause of her death is shock due to burn injury.

Considering the aforesaid facts and circumstances of the case as well as the heinous nature of allegation against the petitioner, I am not inclined to enlarge the petitioner on bail. Learned trial Court is directed to expedite the trial and conclude the same at the earliest.

The bail application is rejected.

(Chandra Prakash Singh, J) shobhakri/- U T