Patna High CourtCR. MISC./52519/2017rejected

Amit Kumar v. The State Of Bihar

2018-01-16Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52519 of 2017 Arising Out of PS.Case No. -72 Year- 2017 Thana -VIDYAPATINAGAR District- SAMASTIPUR ====================================================== Amit Kumar, Son of Nand Kishore Rai, Resident of Village-Harpur Bachha, P.S. Vidyapati Nagar, District-Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Tiwari For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 16-01-2018 Heard learned counsels for the petitioner and the State. The petitioner, already in custody, seeks bail in connection with Vidyapati Nagar P.S.Case No. 72 of 2017 registered under Sections 302,307, 341 and 342 of the Indian penal Code. Allegation in brief is that petitioner set fire over the body of the informant's daughter after sprinkling kerosene oil. Learned counsel for the petitioner submits that during investigation, it transpired that one Babita Kumari and her two sons are instrumental in committing this offence and this petitioner has falsely been implicated in this case and there is no eye witness. Learned counsel appearing on behalf of the informant submits that police has submitted charge sheet against this petitioner also named in the FIR and he was seen escaping away after setting fire on the deceased body.

Patna High Court Cr.Misc. No.52519 of 2017 (5) dt.16-01-2018 2/2 Having considered the aforesaid facts and circumstances of the case as the petitioner is named in the FIR and having specific accusation against him, so prayer for bail of the petitioner is refused.

Trial court is directed to expedite the trial and conclude the same preferably within a year.

Let copy of the order be sent to the Superintendent of Police, Samastipur for ensuring production of prosecution witnesses before the trial court.

(Arun Kumar, J) Sujit/- U T