Farakul Dewan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39259 of 2016 Arising Out of PS.Case No. -43 Year- 2016 Thana -INARWA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Farakul Dewan son of Asam Dewan resident of Village- Pirari Police Station- Inerwa, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra For the Opposite Party/s : Smt. Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 17-09-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Inerwa P.S. Case No. 43 of 2016 registered for offences under sections 304(B)/34 of the Indian Penal Code. There is a direct allegation against the petitioner to have killed his wife by putting her under fire after sprinkling kerosene oil over her.

Learned counsel for the petitioner submits that at the later stage, the Informant had resiled from his earlier assertion and has conceded that he, under confusion, had made statement and, so much so, that other family members have not made any statement against her but, the order-sheet, by which the court below has

Patna High Court Cr.Misc. No.39259 of 2016 (2) dt.17-09-2016 rejected the bail of the petitioner, has recorded certain paragraphs of the Case Diary.

Looking to the nature of allegation and the attending circumstances, this Court is not inclined to grant bail to the petitioner.

Accordingly, the prayer for bail of the petitioner, namely, Farakul Dewan is rejected.

The court below is directed to expedite the trial of the petitioner preferably within a period of one year from today. (Shivaji Pandey, J) Rishi/- U T