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Patna High CourtCR. MISC./71120/2022rejected

Rajan Pandey v. The State Of Bihar

2023-04-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71120 of 2022 Arising Out of PS. Case No.-35 Year-2020 Thana- KARJA District- Muzaffarpur ====================================================== RAJAN PANDEY S/o Mangal Pandey R/o Village- Barka Gaon, P.S.- Karja, Distt- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Kumar Pandey For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-04-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for bail in a case instituted for the offence under Sections 498A, 307/34 of the Indian Penal Code and Section 3⁄4 of the DP Act and later on Section 302 of the IPC was added.

As per allegation in the FIR, petitioner along with his family members has tortured in various ways to the deceased due to non-fulfillment of motorcycle demand and ultimately they killed her by setting her on fire.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is husband of the deceased and has been falsely implicated in this case. Prior to the alleged occurrence, there is no complain regarding torture or harassment against the petitioner. After catching fire to the petitioner's wife,

Patna High Court CR. MISC. No.71120 of 2022(3) dt.10-04-2023 2/2 several attempts were made to save her life by the petitioner. Petitioner is a man of clean antecedent. He is languishing in judicial custody since 09.08.2021.

Learned APP appearing for the State has opposed the prayer of Bail and submitted that deceased is wedded wife of the petitioner and after sprinkling K. Oil she was burnt to death. During investigation, several witnesses Having heard the learned counsel for the parties and considering the gravity and nature of the offence, this court is not inclined to enlarge the petitioner on bail and, as such, his prayer for bail stands rejected.

The trial court is directed to expedite and conclude the trial.

(Sunil Kumar Panwar, J) sushma/- U