Md. Shalauddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28544 of 2018 Arising Out of PS. Case No.-312 Year-2017 Thana- MOTIPUR District- Muzaffarpur ====================================================== MD. SHALAUDDIN S/o Md. Ramjan, R/o Brahmapura, P.S.- Motipur, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok For the Opposite Party/s :

Mr. Sri Ajay Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner apprehends his arrest in Motipur P.S. case no. 312 of 2017 instituted for the offence under Section 304(B)/34 of the Indian Penal Code It is alleged in the written report that the daughter of the informant was married with Md. Alauddin who was working in Riwa, (M.P). The devar of the deceased, namely, Md. Shalauddin (petitioner) always used to misbehave with her. It is further alleged that on 1.9. 2017 the informant got information by her son that her daughter has sustained burn injuries and subsequently she died on account of aforesaid burn injuries. The informant learnt that her devar Shalauddin (petitioner) has caused burn injury to her daughter by pouring kerosene oil.

Patna High Court Cr.Misc. No.28544 of 2018(3) dt.28-06-2018 2/2 Case diary has been received in this case.

Learned counsel for the State on going through the case diary submitted that there is statement of the victim girl just below the F.I.R., wherein, she has levelled specific allegation against this petitioner of causing burn injury to her after pouring kerosene oil on her body. The statement of victim girl itself is recorded in the ICU ward of the hospital. The postmortem report also supports the allegation as deceased was found suffering from severe burn injury. The cause of death was opined to be burn injuries and its complications like, septicemia. Therefore, this Court is not inclined to grant anticipatory bail to the petitioner. Prayer for anticipatory bail of the petitioner stands rejected.

Petitioner may surrender before the Court below and make prayer for regular bail which shall be considered and disposed of on its own merit in accordance with law without being prejudiced by the present order.

(Sanjay Priya, J) shyambihari/- U T