Kameshwar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.628 of 2016 Arising Out of PS.Case No. -331 Year- 2015 Thana -BIHTA District- PATNA ====================================================== Kameshwar Sao Son of Ramdhani Sao, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate For the Opposite Party/s : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2016 Heard learned counsels for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 06.05.2015 in a case registered for the offences punishable under sections 341/342/324/326/307 in connection with Bihta P.S. Case No.331/2015, pending before the learned 5th ADJ, Danapur, Patna.

The basic accusation is of torture. It is specifically alleged that sister of the informant sprinkled kerosene oil on the body of the informant when the petitioner lit fire. It is submitted by learned counsel for the petitioner that burnt injury on the person of the informant has been found between 3 to 7%. Hence, that does not suggest that the petitioner or his sister has intention to kill the informant. Moreover, the

Patna High Court Cr.Misc. No.628 of 2016 (3) dt.22-01-2016 2/2 investigation has already concluded.

Considering the nature of accusation, this court is not inclined to grant bail to the petitioner at present. Accordingly, the application for bail on behalf of the petitioner is rejected. However, if the trial will not be concluded within a period of one year, the petitioner would be at liberty to renew the prayer for bail.

(Dinesh Kumar Singh, J) Ashwini/- U T