Pappu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.73230 of 2018 Arising Out of PS. Case No.-14 Year-2018 Thana- BANGAWON District- Saharsa ====================================================== Pappu Thakur Son of Late Kartik Thakur Resident of Village- Parari, P.S. Bangaon,Distt.-Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Jha For the Opposite Party/s :

Mr. Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-01-2019 Heard learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in Bangaon P. S. Case No. 14 of 2018 instituted for the offence under Section(s) 341, 324, 307, 326(A), 504, 498A/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

Petitioner is the husband of the informant.

The informant has alleged in her Farbeyan that she was married with this petitioner about two years ago. After her marriage, she went to her sasural wherein her mother-in-law and Devar used to assault and abuse her for demand of dowry. The informant has further alleged that in the morning at about 8.00 A.M. this petitioner along with his other family members set her on fire after sprinkling kerosene oil on her body. They

Patna High Court Cr.Misc. No.73230 of 2018(3) dt.11-01-2019 2/3 had earlier also tried to set her on fire by sprinkling kerosene oil, but, her father and brother came and took her to her Maika . It is further alleged that about 45 days back she had returned to her sasural because of repeated threat given by the petitioner that if she does not come back to her sasural he will perform another marriage.

Case dairy has been received. The injury report of the victim is available, wherein, the doctor has found superficial burn over face, neck, chest, abdomen back and both lower limbs of about 60% burn and kerosene smell was found. The doctor has opined the injury to be thermal burn. Learned counsel for petitioner submits that she sustained burn injury accidentally. In the written report, it is alleged that due to torture for non fulfillment of demand of dowry she has been set on fire.

There is serious allegation against this petitioner of causing death of deceased by burn injuries. Therefore, this Court is not inclined to grant bail to the petitioner at this stage. The prayer for bail of the petitioner stands rejected.

The petitioner is in custody since 3.7.2018. Trial Court is directed to expedite the trial and make

Patna High Court Cr.Misc. No.73230 of 2018(3) dt.11-01-2019 3/3 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 in accordance with law.

Petitioner may renew his prayer for bail after nine months in the event no substantial progress is made in the trial. (Sanjay Priya, J) shyambihari/- U T