Patna High CourtCR. MISC./29132/2018dismissed

Bhawani Shankar Kumar v. The State Of Bihar

2018-06-27Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29132 of 2018 Arising Out of PS.Case No. -213 Year- 2017 Thana -PARWATTA DistrictKHAGARIA ===================================== Bhawani Shankar Kumar, S/o Late Awadhesh Mandal, R/o Vill.- Temtha, P.S.- Parbatta, Distt- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhananjai Kr. Singh, Adv. For the Opposite Party/s : Mr. Surendra Prasad Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 27-06-2018 The prayer for bail of the petitioner was earlier rejected by this Court vide order dated 08.12.2017, passed in Cr. Misc. No. 46876.

The petitioner has renewed his prayer for bail on the ground that he has remained in jail since 10.06.2017. Additionally, it has been submitted on behalf of the petitioner that the case does not appear to be true which becomes evident from the reading of the First Information Report/dying declaration. It has been submitted that though the deceased in her First Information Report has stated that the petitioner set her on fire, but about two hours before

Patna High Court Cr.Misc. No.29132 of 2018 (3) dt.27-06-2018 2/2 such statement having been made by her, the brother of the deceased has lodged a report before the police that the deceased caught fire while cooking food and nobody else can be held responsible for the burn injuries suffered by his sister and her ultimate death.

Mr. Dhananjai Kumar Singh, learned Advocate for the petitioner has also submitted that the charge-sheet in this case has also been submitted under Sections 306 and 376 of the I.P.C.

Be that as it may, considering the nature of accusation against the petitioner, I am not inclined to grant bail to him.

However, since the petitioner has remained in jail for a substantial period by now, it is directed that the case be committed to the Court of Sessions forthwith and the trial be commenced and concluded within a reasonable period of time.

With the aforesaid observation and direction, the petition is dismissed.

(Ashutosh Kumar, J) Praveen-II/- U T