Dharmendra Sah @ Dharmendra v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28930 of 2018 Arising Out of PS. Case No.-84 Year-2018 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Dharmendra Sah @ Dharmendra, son of Raj Kumar Sah alias Raju Sah, resident of village-Nawada More (Nawada Khas), Police Station-Gopalganj Town, District-Gopalganj.

... ... Petitioner.

Versus

The State Of Bihar ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Baxi S.R.P. Sinha, Senior Advocate.

Mr. Lokesh Kumar Singh, Advocate.

For the State :

Mr. Dashrath Mehta, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 09-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Gopalganj Town P.S. Case No.84 of 2018 registered under Sections 341, 323, 326, 307, 504 and 506/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Gopalganj. The accusation is that Chinta Devi, the wife of the petitioner, asked the petitioner to provide treatment to her son, on which the petitioner became annoyed. When she made protest, the petitioner laid her on the ground, catching her hair and, thereafter, on the order of this petitioner, Parduman Sah, carried the kerosene oil and spread on her. In the meantime, her mother-in-law Sirmikhi Devi put her on fire by lightening the match stick, due to which she

Patna High Court Cr.Misc. No.28930 of 2018(2) dt.09-05-2018 2/2 sustained burn injury and, thereafter, with the help of villagers, she was rushed for treatment at Sadar Hospital, Gopalganj. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the allegation against the petitioner is to led his wife on the ground by catching her hair and ordered to bring kerosene oil. The allegation of pouring kerosene oil and set the wife of the petitioner on fire is against the other family members of the petitioner.

Having considered the facts and the circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T