Rishi Mushar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59612 of 2021 Arising Out of PS. Case No.-77 Year-2019 Thana- KAHALGAON District- Bhagalpur ====================================================== Rishi Mushar S/O Niranjan Mushar @ Niranjan Rishi R/O Village-Laxmipur Bhabhaniya, P.S-Kahalgaon, District- Bhagalpur. ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha For the Opposite Party/s :

Mr. Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 10-03-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kahalgaon P. S. Case No.77 of 2019, instituted for the offences under Sections 304(B)/ 120B of the Indian Penal Code. The learned counsel for the petitioner submits that the petitioner is in custody since 03.05.2020, he is a person with clean antecedent and charge-sheet has been submitted in this case.

The learned counsel for the petitioner further submits that the informant alleges that he got information from newspaper about burning of his daughter. Thus, he went to the place of occurrence and came to know that the F.I.R. named accused persons have burnt his daughter pouring kerosene oil on

Patna High Court CR. MISC. No.59612 of 2021(2) dt.10-03-2022 2/3 18.01.2019 and took her to Mayaganj Hospital for treatment where the informant reached on 19.01.2019 and saw his daughter lying dead.

The learned counsel for the petitioner submits that the petitioner is the husband. The marriage was 5-6 years old and further from the allegation itself, it would manifest that the victim suffered burn injuries and the petitioner along with others rushed her to hospital for treatment. The learned counsel thus submits that the conduct of the petitioner is such that it can be safely presumed that the petitioner had not committed the occurrence or else. He would not have taken the deceased to the hospital for treatment. The learned counsel fairly submits that the charges have been framed and the trial has commenced and one witness has been examined.

Learned A.P.P. opposes the bail application and submits that the petitioner is the husband and there is a direct allegation against him.

At this stage, the learned counsel for the petitioner seeks permission to withdraw the instant petition with a liberty to the petitioner to renew his prayer for bail in the event, if the trial is not concluded within seven months from the date of receipt/ production of a copy of this order.

Patna High Court CR. MISC. No.59612 of 2021(2) dt.10-03-2022 3/3 Permission is accorded.

Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

(Satyavrat Verma, J) vikash/- U T