Anil Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33699 of 2023 Arising Out of PS. Case No.-185 Year-2022 Thana- KHARIK District- Bhagalpur ====================================================== Anil Das S/O Mahendra Das R/O Village-Mathurapur, P.S.-Mathurapur, (Shiv narayanpur), District-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Nath Pandey For the Opposite Party/s :

Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in connection with Kharik P.S. Case No. 185 of 2022 instituted for the offence under Section 304(B) of the Indian Penal Code but charge sheet has been submitted under Sections 302, 304(B) of the Indian Penal Code. As per allegation in the FIR, the informant alleged that the petitioner, being husband of the deceased killed his daughter by setting fire due to non-fulfillment of dowry demand. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. The petitioner is husband of the deceased due to which he has falsely been implicated in this case. It is further submitted that marriage of petitioner was solemnized with the deceased in the year of 2018 and blessed with one child from the wedlock. The deceased herself committed suicide by burning and the alleged occurrence took place in her parental

Patna High Court CR. MISC. No.33699 of 2023(3) dt.02-08-2023 2/2 house not at her matrimonial house. The petitioner has got no criminal antecedent and languishing in judicial custody since 04.11.2022.

Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the F.I.R. The F.I.R. has been lodged against the petitioner u/s 304(B) of the I.P.C. but after investigation charge sheet has been submitted against the petitioner under Sections 302, 304(B) of the I.P.C. The specific overt act of setting fire upon the body of the deceased is against the petitioner. The postmortem report of the deceased, annexed with the case diary also corroborates the prosecution wherein, doctor opined that the cause of death is due to burn injury and its complication. It is further submitted that during investigation witnesses of this case have also 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) lata/- U T