Nityanand Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15099 of 2017 Arising Out of PS.Case No. -68 Year- 2016 Thana -MADHEPUR District- MADHUBANI ====================================================== Nityanand Jha, Son of Lalan Jha, Resident of Village-Bhakhrain, P.S Madepur, District Madhubani.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anita Kumari For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in connection with Madhepur P.S. Case No. 68 of 2016, registered under Sections 304(B) and 34 of Indian Penal Code, pending in the Court of ACJM-I, Jhanjharpur. The allegation of informant Taponath Jha is that he performed the marriage of his daughter Nisha Devi (deceased) on 12.06.2014 with this petitioner and after the marriage his daughter was being tortured by the petitioner and her other in-laws for demand of motorcycle and golden chain. On 02.10.2016, he received information on telephone that his daughter Nisha Devi has been burnt and she was rushed for treatment at DMCH, then he went there and found his daughter has been died.

Learned counsel appearing on behalf of the petitioner submits that admittedly the petitioner is the husband of the deceased,

Patna High Court Cr.Misc. No.15099 of 2017 (3) dt.18-05-2017 2/2 daughter of the informant, who sustained burn injury at the time of cooking meal at that time attempt was made to extinguish the fire and she was rushed for treatment with the help of villagers after giving information to the informant. Thereafter, the informant, who is father of the deceased, lodged the case with ulterior motive. Learned counsel for the State vehemently opposed the prayer of the petitioner with submission that daughter of the informant died within 2 years of her marriage and in the Post-mortem report, it has been reported that the smell of kerosene oil found on her person. Having considered the facts and circumstances of the case and nature of allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, prayer of the petitioner, above named, is rejected.

(Rajendra Kumar Mishra, J) manish/- U T