Shankar Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.43382 of 2014 (2) dt.27-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43382 of 2014 Arising Out of PS.Case No. -20 Year- 2014 Thana -BARHAT District- JAMUI ======================================================

1. Shankar Yadav Son of Garbhu Yadav Resident of Village-Sudamapur, (Dhuniamaran), P.S.-Barahat, District-Jamui.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Mahto For the Opposite Party/s : Mr. Renu Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 27-03-2015 Heard learned counsel for the petitioner and learned counsel representing the State.

Petitioner apprehends his arrest in connection with Barhat P.S. Case No. 20 of 2014 registered for the offences punishable under Sections 341, 323, 436, 504/34 of the Indian Penal Code.

Allegation against the petitioner is that he set fire in the house wherein the informant has been living for last ten years.

Submission is of false implication and that the place of occurrence is not a dwelling house, as such, no case under Section 436 Indian Penal Code is made out, there was bonafide land dispute and further there is no seizure list of burnt articles to

Patna High Court Cr.Misc. No.43382 of 2014 (2) dt.27-03-2015 which the learned APP duly assisted by the learned counsel for the informant opposes by submitting that at the place of occurrence the I. O. has found burnt ashes of bamboo and straw which is mentioned in the impugned order in paragraph 6. In the facts and circumstances stated above and considering the allegation attributed against the petitioner, this Court is not persuaded to grant the privilege of pre-arrest bail to the petitioner, accordingly, his such prayer stands rejected. (Jitendra Mohan Sharma, J) avin/- U T