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Patna High CourtCR. MISC./26754/2022rejected

Mujsim v. The State Of Bihar

2022-08-31Mr. Justice Rajiv Roy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26754 of 2022 Arising Out of PS. Case No.-167 Year-2021 Thana- PALASI District- Araria ====================================================== Mujsim Son Of Late Sakil R/O Village- Farsadangi, P.S.- Palasi, DistrictAraria ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Madhav Jha, Advocate For the Opposite Party/s :

Mr.Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 31-08-2022 Heard learned counsel for the petitioner and learned APP for the State.

Let the defect(s), if any, as pointed out by the office, be removed within four weeks.

The case is registered under sections 147, 148, 149, 341, 323, 307, 449, 436, 302/120(B) of the Indian Penal Code, in connection with Palasi P.S. Case No. 167 of 2021. As per the allegation in the FIR, the informant alleged that the accused persons which includes brother-in-law (the petitioner herein) and family members assaulted the informant and his family members and it is further alleged that after throwing petrol on their hut, the same was put on fire. As a result, it is alleged that the informant's father, mother, brother and sister who were sleeping in the hut suffered severe burn

Patna High Court CR. MISC. No.26754 of 2022(2) dt.31-08-2022 2/2 injuries. They were taken to hospital but in course of treatment, his mother and younger brother died while father and sister were being treated in Bhagalpur.

The allegation is that earlier also the brother-in-law (the petitioner herein) had threatened that he will forcibly take his divorced wife to home and on refusal he was infuriated and this is the reason behind the incident.

Considering the gravity in which the hut was put on fire and two innocent people died due to burn injuries while the other two were getting treated in Bhagalpur at the time of lodging of the FIR, this Court has no sympathy with the petitioner herein and the bail application is hereby rejected. (Rajiv Roy, J) Ravi/- U T