Gulab Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47401 of 2021 Arising Out of PS. Case No.-224 Year-2017 Thana- GAIGHAT District- Muzaffarpur ====================================================== Gulab Singh Son of Laxmi Singh Resident of Village- Bela Gopi, P.S.- Gaighat, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hari Kishore Thakur For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-01-2022 Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner seeks bail in Gaighat P.S. Case No. 224 of 2017, registered for the offence punishable under Sections 302/34 of the Indian Penal Code.

Allegation as per the FIR, due to non-fulfillment of demand of dowry petitioner and other accused persons tied the deceased with Chouki and poured kerosene oil on her body set her on fire and also thrown her daughter in the fire and fled away after bolting the room from outside, as a result of which both died. Petitioner is husband of the deceased. It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case. No such occurrence has ever been taken place. In fact, the deceased was

Patna High Court CR. MISC. No.47401 of 2021(3) dt.07-01-2022 2/2 of cruel nature and due to quarrel with her husband she committed suicide. Petitioner is in custody since 21.01.2021. Learned APP however, vehemently opposed the prayer for bail and submitted that there is specific and direct allegation against this petitioner of setting her on fire and her daughter. As per the postmortem report, doctor has found 9095% burn injuries on the person of deceased which goes to show that she was torched by confining at a place. Considering the facts aforesaid and the nature of allegation, I am not inclined to enlarge the petitioner abovenamed on bail. Accordingly, the same is rejected. As the petitioner is in custody since 21.01.2021, trial court is directed to expedite the trial.

(Prabhat Kumar Singh, J) vinita/- U T