Surendra Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4401 of 2021 Arising Out of PS. Case No.-218 Year-2020 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Surendra Paswan aged about 44 years (Male), Son of Kaga Paswan Resident of Village- Basatpur, P.S-Muffasil, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Binay Kumar, Adv.
For the Opposite Party/s :
Mrs.Veena Kumari Jaiswal,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.
21-06-2021 Heard learned counsel for the parties through video conferencing.
The petitioner seeks bail in Muffasil P.S. Case No. 218 of 2020, registered for the offence under Section 307 & other allied sections of the Indian Penal Code and later on, Section 302 of the I.P.C. was added.
As per the prosecution case, on 19.05.2020 at about 7:30 PM, the daughter of the informant had gone to attend call of nature and thereafter, it is alleged that this petitioner alongwith other FIR named accused persons caught hold of her and after pouring liquor on her body, set her on fire. It is submitted on behalf of petitioner that petitioner is none else, but next door neighbour of informant and he has been
Patna High Court CR. MISC. No.4401 of 2021(3) dt.21-06-2021 2/2 falsely implicated in this case due to land dispute between the parties. There is no specific allegation against this petitioner. The allegation of setting her on fire is general and omnibus and no specific overt act has been alleged against this petitioner. Petitioner is in custody since 24.06.2020. Investigation is complete.
However, learned A.P.P. for the State has opposed the bail petition and submitted that the victim, in her statement recorded before police, has named this petitioner, as one of the person, who set her on fire after pouring liquor on her body. This fact has been stated in paragraph - 28 of the case diary. Considering the heinous nature of crime and specific allegation against this petitioner, I am not inclined to grant him bail. Accordingly, the bail petition of petitioner stands rejected. (Prabhat Kumar Singh, J.) anay U T