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Patna High CourtCR. MISC./26272/2017rejected

Md. Khurshid v. The State Of Bihar

2017-07-13Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26272 of 2017 Arising Out of PS.Case No. -790 Year- 2016 Thana -HAJIPUR District- VAISHALI(HAJIPUR) ====================================================== Md. Khurshid, Son of Late Md. Khalil, Resident of Mohalla Pokhara, P.S.- Hajipur Town, District- Vaishali.

.... .... Petitioner

Versus

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

For the Petitioner : Ms. Anita Kumari Singh, Advocate.

For the Opposite Party : Ms. Veena Rani Prasad, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-07-2017 Heard both sides.

The petitioner apprehends his arrest in Hajipur Town P.S. Case No. 790 of 2016 registered for the offences punishable under Sections 341, 324, 504 and 506 of the Indian Penal Code. Later on Sections 307 and 302 of the Indian Penal Code were added.

The informant made allegation that while she was on her shop, her husband came and brutally assaulted her. He sprinkled kerosene oil and ignited fire in her body. Learned counsel for the petitioner submits that earlier the case was lodged under Section 324 of the Indian Penal Code. The brother of the deceased filed a petition that his sister got burn injury and she was lying in hospital. The brother of the deceased stated in his petition that his sister disclosed that her husband was

Patna High Court Cr.Misc. No.26272 of 2017 (2) dt.13-07-2017 2/2 innocent.

It appears that it is an attempt to tamper with the evidence. Non-else than the wife of the petitioner has stated the entire facts that it was the petitioner who assaulted the informant without any rhyme and reason and thereafter ignited fire in her body after sprinkling kerosene oil and consequently the informant died during course of treatment.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T