Ashok Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38766 of 2016 Arising Out of PS.Case No. -139 Year- 2010 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Ashok Sah, son of Late Shyam Sundar Sah, residence of village- Tilka Manghi Hat, P.S.- Tilka Manghi, District- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prahalad Kumar Bhagat For the Opposite Party/s : Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Kotwali (Tilka Manghi) P.S. Case No. 139 of 2010, pending in the Court of C.J.M., Bhagalpur, registered under Sections 341, 307/34 of the I.P.C. and later on, section 304/302/34 of the I.P.C. was added.

The accusation is that when the informant/deceased on 28.02.2010 in the morning returned on attending the call of nature, her brother-in-law petitioner Ashok Sah, Balmiki Sah and Rakesh Sah were present there. This petitioner sprinkled the kerosene oil at her and Balmiki Sah put fire through matchstick. On raising hulla, her husband and others came and extinguished the fire and she was being treated

Patna High Court Cr.Misc. No.38766 of 2016 (2) dt.05-10-2016 2/2 at the house, but after coming her parents, she was rushed to Medical College at Bhagalpur.

Learned counsel appearing on behalf of the petitioner submits that earlier prayer of the petitioner for anticipatory bail was rejected by a Bench of this Court on 26.03.2011. Now, three co-accused after facing trial in Sessions Trial No. 1243 of 2012 have been acquitted vide Judgment dated 05.01.2015 by the Additional Sessions Judge-III, Bhagalpur.

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 within four weeks and pray for regular bail.

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