Sopal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23796 of 2020 Arising Out of PS. Case No.-361 Year-2019 Thana- DALSINGHSARAI District- Samastipur ====================================================== Sopal Sah aged about 30 years (M), S/O- Arjun Sah R/V- Gudarri Market Dalsingsarai, P.S.- Dalasingsarai, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar For the Opposite Party/s :

Mr. Akshay Lal Pandit, ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard Mr. Ajay Kumar, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned A.P.P. appearing for the State through video conferencing.

Petitioner seeks regular bail in connection with Dalasingsarai P.S. Case No. 361 of 2019 registered for the offence under section 304 (B) / 34 of the I.P.C. The allegation as per the First Information Report is that the petitioner along with other accused persons have killed the daughter of the informant by setting her on fire. In the F.I.R. there is specific allegation that the petitioner poured kerosene oil on the body of the victim and set her on fire with the help of match stick.

Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged

Patna High Court CR. MISC. No.23796 of 2020(4) dt.11-11-2020 2/3 and he has falsely been implicated along with the entire family members. Learned counsel further submits that in fact the victim girl had received burn injuries during the course of cooking food in the kitchen and she has died due to accidental fire. Learned counsel further submits that she has died in the hospital after some time.

On the other hand, learned counsel for the State referring to the case diary submits that there is specific allegation against the petitioner and the victim lady has died within seven years of marriage in her matrimonial home in suspicious condition and further the victim lady's statement was recorded during the course of investigation and in paragraph no. 53 of the case diary she has disclosed the name of the petitioner and the post-mortem report of the victim corroborates the allegation against the petitioner and there is presumption under Section 113B of the Evidence Act against the petitioner. Having heard learned counsel for the parties and taking into consideration the materials available on record, the fact that there is specific allegation against the petitioner and the statement of the victim lady was recorded in paragraph no. 53 of the case diary, as such, I am not inclined to grant regular bail to the petitioner at this stage.

Patna High Court CR. MISC. No.23796 of 2020(4) dt.11-11-2020 3/3 Accordingly, the same is rejected.

However, the petitioner may renew his prayer for regular bail after one year from today, if the trial does not show any progress.

(Anil Kumar Sinha, J) praful/- U T