Patna High CourtCR. MISC./40736/2016dismissed

Manoj Jayasawal v. The State Of Bihar

2016-09-29Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40736 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -PARWATTA District- KHAGARIA ======================================================

1. Manoj Jayasawal Son of late Sagar Jaiswal Resident of VillageYaduvanshnagar Bharatkhand, P.S Parwatta(Bharatkhand), Dist Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vivekanand Vivek For the Opposite Party/s : Mr. Asharaf Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-09-2016 Heard learned counsels for the petitioner and the State. The petitioner being husband of the informant is languishing in custody since 2.1.2016 in a case registered for the offences punishable under Sections 326A, 307 and 498A/34 of the Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act. The prosecution case is that the petitioner and his mother Parvati Devi demanded two lacs as further dowry and on refusal of the same the petitioner and his mother poured acid on the head of the informant.

It is submitted by the learned counsel for the petitioner that the accusation is not being corroborated with the medical opinion as the accusation is of pouring acid on the head of the informant but there is no injury on her head.

Patna High Court Cr.Misc. No.40736 of 2016 (3) dt.29-09-2016 2/2 It appears from the impugned order that the learned Sessions Judge has gone through the injury report contained in the case diary which suggests grievous acid burn injury on the left cheek, both forearm, back and chest of the informant. It is further submitted that the witnesses have not supported the accusation, however, learned counsel for the petitioner does not deny the fact that on conclusion of investigation the petitioner has been chargesheeted.

Considering the nature of accusation, this court is not inclined to grant bail to the petitioner in connection with Parwatta (Bharatkhand) P.S. Case No. 3 of 2016 pending in the court of learned Sessions Judge, Khagaria.

This application is, accordingly, dismissed. However, let the trial be expedited.

(Dinesh Kumar Singh, J) Anil/- U T