Nitish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55581 of 2021 Arising Out of PS. Case No.-684 Year-2019 Thana- MASAUDHI District- Patna ====================================================== NITISH KUMAR Son of Lav Kush Mistri @ Lav Kush Sharma Resident of Village - Garihara, P.S.- Masaurhi, District - Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 09-05-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 304B, 201 and 34 of the Indian Penal Code.

As per the prosecution case, the informant received information that the accused persons including his son-in-law had burnt his daughter to death. On the informant and others reaching the in-laws' place of the informant's daughter, it is stated that the accused persons who were trying to dispose of the dead body escaped.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case. There is no allegation of demand of dowry in the entire F.I.R. It is a case of accidental burning. The petitioner is in custody since

Patna High Court CR. MISC. No.55581 of 2021(3) dt.09-05-2022 2/2 19.9.2019 and inspite of charge having been framed on 20.2.2020, there is no progress in the trial in the learned trial court.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and on perusal of the post-mortem report, it transpires that the deceased who was pregnant died of 100% burn injury and its complications caused by flame. The petitioner happens to be the husband of the deceased.

In the facts of the case, the Court is not inclined to enlarge the petitioner on bail and the application is rejected. Learned trial court is directed to expedite the trial. (Partha Sarthy, J) Saurabh/- U T