Pankaj Kumar @ Pankaj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38758 of 2016 Arising Out of PS.Case No. -53 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR) ====================================================== Pankaj Kumar @ Pankaj Rai S/o- Ram Pravesh Rai, Resident of villageKajari, P.S.- Jandaha, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Mr. Smt. Gulnar Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Jandaha P.S. Case No. 53 registered under Sections 304(B), 34 of the I.P.C. pending in the Court of C.J.M., Hajipur, Vaishali. The accusation is of sprinkling the Kerosene oil on the daughter of the informant and set her on fire due to nonfulfillment of demand of Rs. 5 lacs in dowry, who died in course of treatment in the Hospital.

Learned counsel appearing on behalf of the petitioner submits that in fact, the deceased, who is the wife of the petitioner, sustained burn injury in course of cooking the meal but under misconception, the informant, who is father of the deceased, has

Patna High Court Cr.Misc. No.38758 of 2016 (2) dt.28-09-2016 2/2 lodged this false case. Moreover, after knowing the real fact, the informant has filed the compromise petition in the Court of A.C.J.M.-11, Hajipur, Vaishali on 07.05.2016. Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, this application is rejected.

However, petitioner is directed to surrender before the Trial Court and pray for regular bail.

(Rajendra Kumar Mishra, J) Shail/- U T