Vicky Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53948 of 2017 Arising Out of PS.Case No. -91 Year- 2017 Thana -HISUA District- NAWADA ======================================================

1. Vicky Pandey, S/o Shri Gaya Pandey, Resident of Village - Manjway, P.S. Hisua, District- Nawada.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Usha Kumari-1 For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 304B of the Indian Penal Code. The petitioner is husband of the deceased. The FIR would reveal that the deceased disclosed to the informant (her brother) that the petitioner had poured kerosene oil on her and burnt her for the reason that he has illicit relation with some other lady.

Learned counsel for the petitioner submits that only the family members of the parents of the deceased have supported the allegation. There is no other material to substantiate the dying declaration of the victim. Moreover, the independent witnesses have stated before the police that the death was

Patna High Court Cr.Misc. No.53948 of 2017 (4) dt.02-01-2018 2/2 accidental one. The petitioner is in custody since 29.06.2017. Learned counsel for the informant opposed the prayer for bail.

Considering the fact that for the purpose of this bail at present there is no material to disbelieve the statement of the victim, I am not inclined to enlarge the petitioner on bail and prayer for bail is refused.

The learned trial court is directed to expedite and conclude the trial preferably within a period of nine months from today.

(Birendra Kumar, J) Kundan/- U T