Ranjeet Rai @ Ranjeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.68501 of 2018 Arising Out of PS. Case No.-68 Year-2017 Thana- RAJAPAKAR District- Vaishali ====================================================== Ranjeet Rai @ Ranjeet Kumar, S/o Shri Kedar Rai, R/o Village- Shivganj, Lakhni, P.S.- Rajapakar, Baranti, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Sri Chaubey Jawahar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner, being the husband of the informant, is apprehending his arrest in a case registered for the offences punishable under Sections 498A, 326 and 307/34 of the Indian Penal Code. Subsequently, section 302 of the IPC was also added.

The prosecution case as per the fardbeyan of Laxmi Devi recorded on 10.04.2017 at 5.50 P.M. by A.S.I. D.N. Prasad of Patrakarnagar Police Station is to the effect that on 08.04.2017 at 4.00 P.M., the petitioner, Ranjeet Rai, father-inlaw, Kedar Rai, mother-in-law, Fuljhari Devi and brother-in-law (Bhaisur), Jitendra Rai sprinkled kerosene oil and set her on fire. On alarm being raised, nearby people gathered but by that time,

Patna High Court Cr.Misc. No.68501 of 2018(4) dt.22-01-2019 2/3 she was badly burnt, thereafter, she was brought to Anish Hospital and subsequently, she was taken to Jai Mata Di Hospital for better treatment, but during the course of treatment, the informant died on 31.05.2017.

It is submitted by learned counsel for the petitioner that, though, there is accusation against entire in-laws of setting her on fire but therefore, subsequent fardbeyan of the victim was recorded on 20.04.2017 by S.I., K.K. Singh of Agamkuan Police Station during treatment wherein it is alleged that in fact, the kerosene oil was sprinkled by brother-in-law, Jitendra Rai who also lit the fire and it is the petitioner and mother-in-law who tried to extinguish the fire but by that time, she was burnt. Learned APP after going through the case diary submits that the victim died due to the burn injury and there is specific accusation against the petitioner.

Considering the fact that the first fardbeyan is the basis of the registration of the FIR which specifically alleges specific accusation against the petitioner, being the husband of the informant, this Court is not inclined to grant anticipatory bail to the petitioner in connection with Rajapakar (Barati O.P.) P.S. Case No. 68 of 2017, pending in the Court of learned A.C.J.M.-VII, Vaishali at Hajipur.

Patna High Court Cr.Misc. No.68501 of 2018(4) dt.22-01-2019 3/3 Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Dinesh Kumar Singh, J) DKS/- U T