Vinoy Thakur @ Vinay Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55161 of 2018 Arising Out of PS. Case No.-190 Year-2017 Thana- SINDHWARA District- Darbhanga ====================================================== VINOY THAKUR @ VINAY THAKUR, S/o Ram Naresh Thakur, R/o Vill.- Rampura, P.S.- Singhwara, District- Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vijay Kumar, Adv.

For the Opposite Party/s :

Mr.Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the informant is apprehending arrest in a case registered for the offences punishable under Sections 307, 323, 336, 341, 498A and 504/34 of the Indian Penal Code. Subsequently, Section 302 of the I.P.C. was also added.

The prosecution case got initiated on the Fardbeyan of Bishekaha Devi to the effect that the daughter of the informant, namely Chandani Thakur married with the petitioner. The married couple subsequently blessed with two male child. Subsequently, the informant was tortured by the accused persons. On 29.10.2017, the informant received information that her daughter has been caused burn injury. On being received

Patna High Court Cr.Misc. No.55161 of 2018(6) dt.11-01-2019 2/3 such information, the informant went the in-laws house of her daughter and taken her to first Singhwar Police Station and thereafter Hospital where she asked her daughter about the occurrence, then her daughter conveyed her that in the night of 28.10.2017, the petitioner in inebriated condition came and assaulted her daughter mercilessly when the daughter of the informant tried to escape from there, then her sister-in-law coaccused Gita Devi locked the door from the outside. It is further alleged that on the next morning all the accused persons caught hold the daughter of the informant when co-accused Ramnaresh Thakur poured kerosene oil on the body of the daughter of the informant and this petitioner lit the fire.

It is submitted by learned counsel for the petitioner that maliciously the accusation has been levelled. In fact, the victim got burn in course of cooking food. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

It is submitted by learned APP for the State after going through the case diary that there is specific accusation against the petitioner of litting fire. Moreover, several witnesses during investigation have suggested the occurrence of brutal assault and putting the daughter of the informant on fire.

Patna High Court Cr.Misc. No.55161 of 2018(6) dt.11-01-2019 3/3 Consider the nature of accusation and particularly the petitioner being the husband of the informant, this Court is not inclined to grant bail to the petitioner. Let the learned Court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Singhwara P.S. Case No. 190 of 2017, pending before the learned ACJMIV, Darbhanga. This application is, accordingly, disposed of. (Dinesh Kumar Singh, J) Ashwini/- U T