Patna High CourtCR. MISC./55300/2023rejected

Rajesh Poddar v. The State Of Bihar

2023-09-25Mr. Justice Rajesh Kumar Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55300 of 2023 Arising Out of PS. Case No.-532 Year-2021 Thana- AMARPUR District- Banka ====================================================== RAJESH PODDAR S/O LATE LAKHO PODDAR @ LATE LAKHI PODDAR R/O VILLAGE- PAWAY DIH, P.S- AMARPUR, DISTT.- BANKA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 25-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 19.04.2023 in connection with Amarpur P.S. Case No. 532 of 2021, F.I.R. dated 07.11.2021 for the offences punishable under Sections 307, 304B of the Indian Penal Code and 3/4 of the Dowry Prohibition Act.

3. According to prosecution case, as per the FIR one Asha Devi in her fardbayan alleges that kerosene oil was sprinkled on her body by the petitioner with the help of his sister due to non-fulfillment of demand of dowry.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case merely on the ground that

Patna High Court CR. MISC. No.55300 of 2023(3) dt.25-09-2023 2/2 petitioner is husband of the deceased and in fact, no such occurrence had taken place and the victim has received burn injuries due to an accident and the petitioner has also received burn injuries. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 19.04.2023.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner on the ground that the statement of the victim was recorded in which she has categorically stated that the petitioner has poured kerosene oil on her and thereafter ignited the match.

6. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Amarpur P.S. Case No. 532 of 2021 pending in the court of learned C.J.M. Banka.

7. Prayer is refused.

(Rajesh Kumar Verma, J) Adnan/- U T