Amit Kumar Purvey @ Amit Purvey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44375 of 2015 Arising Out of PS.Case No. -201 Year- 2014 Thana -DALSINGHSARAI District- SAMASTIPUR ====================================================== Amit Kumar Purvey @ Amit Purvey, Son of Late Jai Narain Purvey, Resident of Mohalla- Ganj Road, Ward No.13, P.S.- Dalsing Sarai, DistrictSamastipur. .... .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar Singh, Advocate.

For the Opposite Party : Smt. Asha Kumari(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-01-2016 Heard learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. Petitioner happens to be husband of the deceased and in course of investigation some witnesses claimed to have seen the deceased burning in her courtyard and stated that after the aforesaid incident the petitioner rushed to his courtyard from his shop.

The contention on behalf of the petitioner is that the deceased was caught in fire accidentally, but the aforesaid submission does not appear to be substantiated by the place of occurrence as well as findings given by doctor in post-mortem report of the deceased, because not only investigating officer but

Patna High Court Cr.Misc. No.44375 of 2015 (3) dt.11-01-2016 2/2 doctor also found smell of Kerosene oil.

Considering the aforesaid facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner above named on bail and hence his prayer for bail in connection with Dalsing Sarai P.S. Case No. 201 of 2014, pending in the court of the learned Additional Chief Judicial Magistrate, Dalsingsarai at Samastipur stands rejected at least at this stage. However, the learned Additional Chief Judicial Magistrate, Dalsingsarai at Samastipur/court concerned is directed to commit the case of the petitioner to the court of Sessions in accordance with law within two weeks from the date of receipt/production of a copy of this order and after commitment the concerned court should expedite the trial and try to conclude the same as early as possible preferably within seven months, failing which the petitioner may renew his prayer for bail before the learned court below itself.

(Hemant Kumar Srivastava, J.) KKSINHA/- U T