Mahendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37148 of 2022 Arising Out of PS. Case No.-07 Year-2022 Thana- HARINMAR District- Munger ====================================================== MAHENDRA DAS SON OF LAKSHMI DAS R/O VILLAGE- JHAUWA, BAHIYAR, P.S.- HARINMAR, DISTT.- MUGNER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-02-2023 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks regular bail in connection with Harinmar P.S. Case No. 07 of 2022 registered for the offence punishable under Sections 302 and 34 of the Indian Penal Code. As per the prosecution, the informant alleged that her daughter was set ablaze by this petitioner and her (victim's) sister-in-law on the alleged date.

The main submissions advanced by the learned counsel Mr. Anurag Saurav for the petitioner are that the petitioner who is father-in-law of the deceased has been languishing in jail since 24.02.2022 and all the witnesses of the prosecution are hearsay witnesses and the petitioner was falsely dragged in this case while he and other co-villagers tried to

Patna High Court CR. MISC. No.37148 of 2022(4) dt.20-02-2023 2/2 extinguish the fire which caused burn injury to the deceased and the husband of the deceased has not been made accused in the present matter.

Learned APP Mr. Vinod Shanker Modi appearing for the State has opposed the bail prayer.

Having considered the seriousness of the allegation which relates to murder of daughter-in-law of the petitioner and there is a direct allegation against the petitioner and material witnesses alleged that this petitioner and co-accused firstly poured kerosene oil on the body of victim and thereafter set her on fire and as per the status report of the petitioner's trial sent by the trial Court, the petitioner's trial is at advance stage, so in such a situation it will not be proper to enlarge the petitioner on bail at this stage. Accordingly, his bail prayer stands rejected. The petitioner is given a liberty to renew his bail prayer after six months, if his trial is not concluded in the said period.

(Shailendra Singh, J) sangam/- U T