Patna High CourtCR. MISC./2626/2017dismissed

Manoj Kumar @ Manoj Yadav v. The State Of Bihar

2017-03-08Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2626 of 2017 Arising Out of PS.Case No. -207 Year- 2014 Thana -ARA NAWADA District- BHOJPUR ====================================================== Manoj Kumar @ Manoj Yadav, Son of late Sohan Kalwar, Resident of Village-Anaith Jhoparpati, P.S. Ara, Nawadah, District Bhojpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Sanjay Kumar, Mr. Kamlendra Pd. Singh, Advocates For the Opposite Party: APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 08-03-2017 Heard learned counsel for the petitioner and learned APP for the State.

2. This is the third attempt on behalf of the petitioner, who is in custody since 10.06.2014 and has renewed his prayer for bail in connection with Nawadah P.S. Case No. 207 of 2014 having twice been rejected by orders dated 29.06.2015 and 02.05.2016 in Criminal Miscellaneous No. 12045 of 2015 and Criminal Miscellaneous No. 3590 of 2016, respectively.

3. It is submitted that the deceased had suffered superficial burn injury owing to accidental fire and there is no material to show any intention of the petitioner to kill her as he had merely gone to collect loan amount of Rs. 100/- There is no post mortem report which shows that the victim had died by reason of the burn injury.

4. Pursuant to the order of this Court dated 07.02.2017, status report dated 15.02.2017 has been received from the court of learned 4th Additional District & Sessions Judge, Bhojpur at Arrah, according to which charges have been framed and examination of the prosecution witnesses is going on. One witness, namely, Dr.

Patna High Court Cr.Misc. No.2626 of 2017 (3) dt.08-03-2017 2/2 Krishna Nandan Singh has already been examined.

5. Having regard to the nature of accusations and gravity of offence alleged as well as role assigned to the petitioner of having sprinkled kerosene oil on the victim before she was set on fire by the co-accused Kali Charan Dom, this Court is not inclined to grant privilege of bail. The bail petition stands dismissed.

6. In the interest of justice, it is however, directed that the trial shall be expedited and concluded without undue delay and preferably within a period of six months hereof. (Vikash Jain, J) B.T/Ibrar U T