Patna High CourtCR. MISC./51670/2016rejected

Nande Singh @ Nand Singh @ Rajnandan Singh v. The State Of Bihar

2017-02-10Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court Cr.Misc. No.51670 of 2016 (03) dt.10-02-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51670 of 2016 Arising Out of PS.Case No. -20 Year- 2016 Thana -RAMPUR CHAURAY District- JEHANABAD ======================================================

1. Nande Singh @ Nand Singh @ Rajnandan Singh, son of Late Ram Khelawan Singh, resident of Village- Dorra, P.S.- Rampur Chouram, DistArwal. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kulanand Jha -Advocate For the Opposite Party/s : Mrs. Sharda Kumari-A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 10-02-2017 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Deceased, who was married with son of the petitioner, was found dead at her sasural due to burn. The marriage was solemnized in the Year 2002. Furthermore, it has been asserted that she was regularly tortured over fulfilment of demand of one motorcycle.

Learned counsel for the petitioner has submitted that petitioner happens to be father-in-law. In village area, aged persons are expected to sleep at their outer house and on account thereof, he could not fasten with a liability in terms of Section 106 of the Evidence Act. Apart from this, it has also been pleaded that deceased died of accidental death on account of explosion of gas

Patna High Court Cr.Misc. No.51670 of 2016 (03) dt.10-02-2017 stove. So, submitted that petitioner be released on bail. On the other hand, learned Additional Public Prosecutor opposed the prayer.

Paragraph-6 is the place of occurrence, which nullify the statement having been made on behalf of petitioner. After perusal of the same, it is evident that save and except presence of dead body of deceased, nothing was burnt. Therefore, story of accidental death is not at all found convincible. Moreover, the nature of ante-mortem burn injury also suggests improbably on that very score being victim of accidental fire. Consequent thereupon, prayer for bail of the petitioner is rejected at the present moment. (Aditya Kumar Trivedi, J) Vikash/- U T