Ajit Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39524 of 2021 Arising Out of PS. Case No.-99 Year-2021 Thana- MANJHI District- Saran ====================================================== AJIT SINGH S/o Rampukar Singh R/o Village- Majhanpura, P.S.- Manjhi, District- Saran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Murari Mishra, Advocate For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 13-02-2023 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 302 and 304B read with section 34 of the Indian Penal Code.

As per the prosecution case, the petitioner and the coaccused persons are alleged to have burnt the daughter of the informant to death.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. Learned

Patna High Court CR. MISC. No.39524 of 2021(3) dt.13-02-2023 2/3 counsel has submitted that she herself committed suicide. The daughter of the petitioner stated that her mother died while she was cooking. The petitioner is the husband of the deceased. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. He has submitted that the Postmortem Report shows that the daughter of the informant sustained hundred per cent burn injuries and the cause of death is Asphyxia due to dry flame. He has further submitted that there is specific allegation against the petitioner. The inquest report indicates that the dead body was found near the stair close to the bathroom. No any utensil was found at the place of occurrence for preparing meal. None turned up to save the life of the victim while the petitioner and the co-accused were present in the house.

Considering the aforesaid facts and circumstances of the case as well as the specific and the heinous nature of allegation against the petitioner, I am of the view that no case for grant of anticipatory bail is made out and the same is rejected with direction to the petitioner to surrender before the Court below concerned within six weeks from the date of this

Patna High Court CR. MISC. No.39524 of 2021(3) dt.13-02-2023 3/3 order and the prayer for regular bail, the learned Court below will consider his prayer for regular bail in accordance with law without being prejudiced by this order.

The application stands rejected.

(Chandra Prakash Singh, J) guddukr/- U T