Rajvir Singh @ Rajveer Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.75712 of 2018 Arising Out of PS. Case No.-138 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== Rajvir Singh @ Rajveer Singh Son of Jai Nandan Singh Resident of VillageJalalpur,Police Station Lalganj,Distt.-Vaishali ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Soni Shrivastava For the Opposite Party/s :
Mr.Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Lalganj P. S. Case No. 138 of 2018 instituted for the offence under Section(s) 341, 323, 326, 307, 498A, 504 and 506/34 of the Indian Penal Code.
In the written report, it is alleged that informant was married with this petitioner in the year 2006. She was residing with her husband in Ahmedabad. She could not bear any child. She had also undergone operation for gall bladder and liver. She was not provided proper treatment by the petitioner. It is further alleged that earlier the informant had filed complaint case against the petitioner vide complaint case no. 692 of 2017 and after entering into compromise in that case she came to live
Patna High Court Cr.Misc. No.75712 of 2018(3) dt.17-01-2019 2/3 with the petitioner. The petitioner left her in Court premises and fled away. She went to her sasural where she was abused by this petitioner. The petitioner told her to bring Rs. 2 lakhs from her parents. It is further alleged that on 6.5.2018 at 7.30 AM while she was in her sasural on the order of father-in-law, petitioner caused burn injury to her by match stick after pouring kerosene oil on her body. She was saved by the neighbours. The case diary has been received.
Learned counsel for the State after looking into the case diary submits that witnesses in paragraph nos. 7, 8 and 9 of the case diary have supported the allegation levelled against this petitioner. The injury report of the informant is annexed as Annexure-3 to the bail petition, wherein the doctor has found burn injury on lower part of abdomen excluding her private parts. The doctor has found superficial burn of 25% on the person of informant.
Learned counsel for petitioner submits that independent witnesses in paragraph nos. 29, 30 and 35 of the case diary have stated that informant herself set her on fire to give pressure to the petitioner.
This Court, from the nature of allegation made in the written report, finds that earlier also informant had filed
Patna High Court Cr.Misc. No.75712 of 2018(3) dt.17-01-2019 3/3 complaint case against petitioner and after compromise she has gone to her sasural where she was again subjected to torture. The petitioner has caused burn injury to her. The doctor has found 25% burn injury on the person of the informant. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.
Trial Court is directed to expedite the trial. Learned counsel for petitioner submits that petitioner is in custody since 7.5.2018 Trial Court is directed to expedite the trial and make efforts to conclude the same as early as possible preferably within a period of nine months from the date of receipt of copy of this order.
Petitioner may renew the prayer for bail in the event trial is not concluded within the aforesaid period. (Sanjay Priya, J) shyambihari/- U T