Balmiki Sahani @ Balmiki Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31111 of 2023 Arising Out of PS. Case No.-196 Year-2022 Thana- CHERIYA BARIYARPUR DistrictBegusarai ====================================================== Balmiki Sahani @ Balmiki Kumar Son Of Arun Sahni Resident Of Village - Manjhaul, P.S. - Cheria Bariyarpur, Distt. - Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.

For the Opposite Party/s :

Mr.Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Cheriya Bariyarpur P.S. Case No. 196 of 2022 instituted for the offence under Sections 498(A), 326(A), 304(B) and 34 of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act.

The prosecution case in short, is that, as per the informant, the marriage of his sister was solemnized with this petitioner on 02.05.2022 and after the marriage, the husband of his sister demanded dowry and on 28.07.2022, in the night, petitioner along with other persons had beaten his sister, poured acid on her whole body and feed acid in her mouth due to which

Patna High Court CR. MISC. No.31111 of 2023(7) dt.31-01-2024 2/3 she completely injured and when he came to know then the treatment has been occurred and his has died during the course of treatment.

It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this present case because he is husband of the deceased. It is further submitted from para-8 of this petition that on 28.07.2022, the petitioner returned his home at late night after shopping. He saw that his wife was nagging with his mother and from this, petitioner opposed the ill treatment of his wife due to which she got angry and in retaliation, she started arguing with the petitioner and in reaction, the petitioner started pouring acid upon himself, seeing the situation, the wife of the petitioner intervened just to safeguard the petitioner in due course, the acid accidently got poured on both of them out of which both of them got injured.

A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 05.08.2022.

Patna High Court CR. MISC. No.31111 of 2023(7) dt.31-01-2024 3/3 which she sustained injuries and later on she died. From perusal of the postmortem of the deceased, doctor opined that the cause of death of the deceased is due to chemical burn as well as hypovolemic shock caused by ingestion of liquid acid substance. Petitioner being the husband of the deceased had full responsibility to keep his wife with dignity and honour which he did not do so. During investigation, witnesses supported the prosecution case.

Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite the trial and conclude the same as soon as possible.

(Sunil Kumar Panwar, J) Shubham/- U T