Satish Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35577 of 2023 Arising Out of PS. Case No.-308 Year-2020 Thana- DESARI District- Vaishali ====================================================== SATISH KUMAR RAI S/O SRI RAM VINAY RAI @ VINAY RAI R/O Ward No.-2, Village- Rasulpur, Habib, P.S- Desari (Chandpura O.P), Distt.- Vaishali (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

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

2. The petitioner has prayed for bail in connection with Desari (Chandpura O.P.) P.S. Case No. 308 of 2020 instituted for the offence under Sections 341, 323, 326, 307, 354(B)/34, 302 of the Indian Penal Code.

3. According to the FIR, while the informant has gone to threw garbage, in the meantime, the petitioner along with coaccused caught her. On protest made by the informant, the petitioner Satish Kumar poured kerosene oil on the body of the informant and set her on fire due to which she sustained injury and died during course of treatment.

4. Learned counsel for the petitioner submits that the petitioner is innocent and committed no offence. He has falsely

Patna High Court CR. MISC. No.35577 of 2023(3) dt.02-08-2023 2/2 been implicated in this case due to local party politics. It is further submitted that the petitioner is languishing in judicial custody since 19.11.2020.

5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the petitioner is named in the FIR upon whom the specific allegation has been made that he poured kerosene oil on the body of the informant and set her on fire due to which she sustained burn injury and died during treatment. The postmortem report also corroborates the prosecution wherein, cause of death is opined due to burn injury and its complications. It is also submitted that witnesses of this case have supported the prosecution.

6. 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.

7. The trial Court is directed to expedite the trial and conclude the same within a period of nine months. (Sunil Kumar Panwar, J) Amandeep/- U T