Harikesh v. The State Of Bihar

Patna High Court Cr.Misc. No.53904 of 2015 (2) dt.01-12-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53904 of 2015 Arising Out of PS.Case No. -266 Year- 2014 Thana -UCHAKAGAON District- GOPALGANJ ======================================================

1. Harikesh son of Parshuram Chaudhari alias Ramayan Chaudhari, Resident of Village- Harpur, Police Station- Uchakagaw, DistrictGopalganj (Bihar) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Santosh Kumar Mishra For the Opposite Party/s Mr. Raj Kishor Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 01.12.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner happens to be husband of the deceased who gave her dying declaration on 04.10.2014 in which she specifically stated that it was the petitioner who poured kerosene oil and lit fire on her person, though petitioner tried to save her life.

Learned counsel for the petitioner submits that alleged occurrence took place on 30.09.2014 whereas first information report was drawn on 02.11.2014 and there is no explanation of the aforesaid delay. It is further submitted that moreover, no case under section 302 of the Indian Penal Code is made out as there was no motive of the petitioner to commit murder of the deceased.

Patna High Court Cr.Misc. No.53904 of 2015 (2) dt.01-12-2015 Regard being had to the facts and circumstances as well as submissions of the parties, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Uchakagaw P.S. Case no. 266/2014 corresponding to Sessions Trial no. 361/2015 pending in the court of Addl. Sessions Judge IV, Gopalganj stands rejected. shahid (Hemant Kumar Srivastava,J) U T