Manoj Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43868 of 2021 Arising Out of PS. Case No.-259 Year-2021 Thana- BAHADURPUR District- Darbhanga ====================================================== MANOJ SAH Son of Lal Babu Sah Resident of Village - Mirjapur Dekuli Kowahi, P.S.- Bahadurpur, Distt.- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jagnnath Singh For the Opposite Party/s :

Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-02-2022 Heard Mr. Jagnnath Singh, learned counsel for the petitioner and Mr. Umesh Lal Verma, learned A.P.P. for the State through virtual court proceedings.

Petitioner seeks regular bail in connection with Bahadurpur P.S. Case No. 259 / 2021 registered for the offence punishable under Sections 498A, 326, 307 of the I.P.C. and subsequently Section 304B of the I.P.C. has been added in the charge sheet.

As per the First Information Report lodged by the victim lady that on the fateful night there was scuffle between the informant and her husband (i.e. the petitioner) and due to quarrel the petitioner poured kerosene oil upon the informant and set her ablaze and subsequently she was taken to hospital and she died during the course of treatment in hospital.

Patna High Court CR. MISC. No.43868 of 2021(2) dt.04-02-2022 2/2 Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and signature of the victim lady (i.e. wife of the petitioner) was taken on a plain paper and converted into FIR which she has stated in her subsequent statement which is at Annexure-3 to this bail petition sent to the Senior Superintendent of Police, Darbhanga. He further submits that petitioner has got three children and he is in custody since 6 / 5 / 2021.

Regard being had to the submissions made by the parties and taking into consideration the materials available on record and the fact that the victim herself is the informant and as per her earliest version she was set ablaze by her husband, as such, I am not inclined to grant regular bail to the petitioner. Accordingly, the prayer for grant of bail is rejected. (Anil Kumar Sinha, J) praful/- U T