Nageshwar Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.76238 of 2018 Arising Out of PS. Case No.-51 Year-2018 Thana- KORMA District- Sheikhpura ====================================================== Nageshwar Paswan Son of Late Dhaneshwar Paswan, Resident of VillageBelauni, P.S.- Korma, District- Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Vishwa Ranjan Choudhary For the Opposite Party/s :

Mr.Sri Ashok Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-01-2019 Heard the learned counsel for the petitioner, the informant and the learned A.P.P. for the State. The petitioner seeks bail in Korma P.S. Case No. 51/2018, instituted for offences under Section(s) 341, 342, 307, 498(A) and 34 of the Indian Penal Code. Later on Section 302 of the Indian Penal Code was also added.

It is alleged in the written report that on the date of occurrence mother-in-law of informant (since deceased) poured kerosene oil over her. Husband of informant is alleged to have burnt her by lighting match stick. This petitioner along with Jagdish Paswan locked the informant in a room after bolting from outside. Thereafter informant raised hulla then villagers arrived and forcibly opened the door and took her to Sadar Hospital for treatment. On getting information, father and

Patna High Court Cr.Misc. No.76238 of 2018(3) dt.21-01-2019 2/2 brother of informant arrived and took her to Lakhisarai Hospital. The informant subsequently died on 25.07.2018 and Fardbeyan was recorded on 24.07.2018.

Learned Addl. P.P. has submitted that in case diary witnesses have stated that informant was taken to hospital by the villagers. Doctor has found 68% burn injury on her person. In such circumstances, this Court is not inclined to grant bail to the petitioner at this stage. Accordingly, prayer for bail of petitioner is rejected.

The trial court is directed to expedite the trial. Petitioner will be at liberty to renew the prayer for bail after nine months in the event no substantive progress is made in trial.

(Sanjay Priya, J) rakhi/- U T