Patna High CourtCR. MISC./34661/2022bail rejected

Lallan Bharti @ Lalan Bharti v. The State Of Bihar

2023-06-23Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34661 of 2022 Arising Out of PS. Case No.-105 Year-2015 Thana- MAHARAJGANJ District- Siwan ====================================================== 1.

Lallan Bharti @ Lalan Bharti Son Of Late Raghunath Bharti R/O VillageBaliya Pokhra Mathiya, P.S.- Maharajganj, District- Siwan 2.

Hira Devi @ Heera Devi Wife Of Lallan Bharti @ Lalan Bharti R/O VillageBaliya Pokhra Mathiya, P.S.- Maharajganj, District- Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh For the Opposite Party/s :

Mr. Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2023 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners seek bail, who are in custody since 05.04.2022, in connection with Maharajganj P.S. Case No. 105 of 2015, F.I.R. dated 22.05.2015 registered for the offences punishable under Sections 304(B), 34 of the Indian Penal Code. Allegation against the petitioners is of committing torture and caused death of the victim due to non-fulfillment of demand of dowry.

Learned counsel for the petitioners submits that the petitioners have clean antecedents and they have been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the

Patna High Court CR. MISC. No.34661 of 2022(7) dt.23-06-2023 2/2 petitioners have not committed any offence as alleged in the F.I.R. Learned APP for the State, on the other hand, on the basis of material available on record and the case diary, vehemently opposed the prayer for bail and submits that it has come during investigation on the basis of dying declaration of the deceased that the petitioners have poured kerosene oil upon the deceased and the petitioner no. 2 had used the match box. Considering the aforesaid facts that there is direct allegation against the petitioners, I am not inclined to enlarge the petitioners on bail in connection with Maharajganj P.S. Case No. 105 of 2015 pending in the Court of Judicial Magistrate 1st Class, Siwan.

Prayer is refused.

(Rajesh Kumar Verma, J) Ibrar//- U T