Patna High CourtCR. MISC./48400/2015rejected

Munna Choudhary v. The State Of Bihar

2016-01-19Mr. Justice Jitendra Mohan Sharma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48400 of 2015 Arising Out of PS.Case No. -367 Year- 2013 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Munna Choudhary Son of late Banarasi choudhary Resident of VillagePani Tanki ,Dhantoliya, Ps. Dehri District Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 19-01-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Dehri (T) P.S. Case No. 367 of 2013 registered for the offence punishable under Sections 304(B)/34 of the Indian Penal Code. Punam Kumari, the sister of the informant, was married with the petitioner in the year 2012 and thereafter, allegedly, she was burnt to death by the petitioner and other in-laws. Submission is of false implication and that the wife of the petitioner died due to burn injuries which she received while she was cooking, no offence under Section 304(B) is made out, no independent witness has come to support the prosecution version and as such the petitioner who is suffering in custody since 26.06.2015 deserves sympathetic consideration. The mother of the petitioner has

Patna High Court Cr.Misc. No.48400 of 2015 (3) dt.19-01-2016 2/2 already been allowed bail.

The learned A.P.P. opposes the prayer of bail by submitting that the witnesses have supported the allegation and further from para 5 of case diary, it reveals that a small gas cylinder was kept near the place of occurrence to give colour of accidental fire which was not found true.

In the facts and circumstances stated above, considering the allegation attributed against the petitioner serious in nature, this court is not inclined to enlarge the petitioner on bail and accordingly, his such prayer for bail stands rejected.

(Jitendra Mohan Sharma, J) khushbu/- U T