Rakesh Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68500 of 2024 Arising Out of PS. Case No.-198 Year-2017 Thana- BELA District- Sitamarhi ====================================================== Rakesh Sah Son of Ramdev Sah Village -Bishunpur, PS -Bela, District -Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Madhusudan Rai, Advocate For the State :
Mr. Akshay Lal Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 19-12-2024 Heard learned counsels for the parties.
2. Petitioner seeks bail in a case registered for the offence punishable under Sections 304B and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that on 28.08.2017, Bhaisur of the informant, namely Ajay Sah, told the informant to cook meat, which the informant refused on account of Chutka in her house. Thereafter, it is alleged that all the F.I.R. named accused persons, including this petitioner, confined her in a room and set her on fire as a result of which, informant sustained burn injuries and during course of treatment, she died.
4. Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in this case only because he happens to be husband
Patna High Court CR. MISC. No.68500 of 2024(2) dt.19-12-2024 2/2 of the deceased. Petitioner has got no criminal antecedents and he is in custody since 18.04.2023. Moreover, change-sheet has already been submitted.
5. On the other hand, learned counsel for the State and has vehemently opposed the prayer for grant of bail to the petitioner and submitted that petitioner is the husband of the deceased and there is direct and specific allegation that he, along with other accused persons, set the informant on fire as a result of which, she sustained several burn injuries and died during course of treatment.
6. Considering the aforesaid facts and circumstances, specific accusation against this petitioner that he, along with other accused persons, committed murder of the deceased, prayer for grant of bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T