Nanhu Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28328 of 2018 Arising Out of PS.Case No. -26 Year- 2017 Thana -SIMRA District- AURANGABAD ======================================================

1. Nanhu Ram S/o Late Kuer Ram, R/o Vill.- Nain Bigha, P.S.- Simara, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 19-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is in custody in connection with Simra P.S. Case No.26 of 2017, a case under Section 341/323/326/307/504/34 of the Indian Penal Code, pending in the Court of learned Chief Judicial Magistrate, Aurangabad. Petitioner is elder brother of the husband of the informant. Informant is victim of death. She has alleged that all the family members including the petitioner poured kerosene oil on her body and burnt her to death for the reason that they were suspecting the chastity of the victim. The doctor has found burn injury as cause of death.

Submission of the learned counsel for the petitioner is

Patna High Court Cr.Misc. No.28328 of 2018 (4) dt.19-07-2018 P2/ that the victim died after one month of the occurrence and after her death her brother gave statement before the police that only husband was responsible for death. I do not find any reason for such statement because brother was not present at the time of occurrence.

Considering the entire facts, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail is refused. (Birendra Kumar, J) Mkr./- U T