Shankar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35216 of 2016 Arising Out of PS.Case No. -83 Year- 2009 Thana -BHEJA District- MADHUBANI ====================================================== Shankar Jha son of Digambar Jha, Resident of village- Tengraha, P.S.- Bheja, District- Madhubani.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 08-09-2016 Heard learned counsels for the petitioner and the State.

The petitioner being the husband of the victim is languishing in custody since 10.06.2016 in a case registered for the offences punishable under Sections 498A, 494, 302, 109 and 120B/34 of the Indian Penal Code. The prosecution case is that on 20.11.2009 at 7.00 P.M. on rumor the went to her parental aunt's house, the victim Renu Devi, and found that there was fire inside the room and the room was closed and the victim was crying then the room was broke opened and fire was extinguished. The victim suggested the informant that her husband, the petitioner Shankar Jha and the mother-in-law Buchain Devi have killed her. The victim after

Patna High Court Cr.Misc. No.35216 of 2016 (3) dt.08-09-2016 2/3 sometime died.

It is submitted by learned counsel for the petitioner that the petitioner has no occasion to kill her since the marriage was dissolved between the petitioner and the victim in pursuance to the judgment passed in H.M.A. No. 317 of 2008 by learned Additional District Judge, Karkardooma, Delhi and hence, on suspicion the accusation has been levelled. It is further submitted that, though, the accusation of causing burn injury but the post-mortem report reflects superficial burn injury and that was not the cause of death.

Learned counsel for the State after going through the case diary submits that it is the admitted fact that the victim was residing in the house of the petitioner and she died in the house of the petitioner.

Considering the rival submissions of the parties, the victim being the wife of the petitioner, residing in the house of the petitioner and died in the house of the petitioner are admitted facts. The specific case of the informant that the victim suggested that she was being killed by the petitioner and her mother-in-law by causing burn injury. The post-mortem report reflects superficial burn injury but on dissection of the neck the doctor has found fracture of larynx and trachea. Keeping in view

Patna High Court Cr.Misc. No.35216 of 2016 (3) dt.08-09-2016 3/3 of the nature of accusation being corroborated by the post-mortem report, this Court is not inclined to grant bail to the petitioner in connection with Bheja P.S. Case No. 83 of 2009 pending in the court of learned Judicial Magistrate, Ist Class, Jhanjharpur. Accordingly, the prayer for bail of the petitioner is rejected.

Let the trial be expedited.

(Dinesh Kumar Singh, J) DKS/- U T