Neelmani Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40910 of 2018 Arising Out of PS. Case No.-126 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Neelmani Kumar Singh, Son of late Yugeshwar Prasad Singh, Resident of Village- Lodipur, P.S. Chandi, District- Bhojpur. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Mithilesh Kumar Rai, Advocate For the State :
Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner seeks bail in Hajipur (Sadar) P.S. case No.126 of 2018 registered under Sections 341, 324, 326, 307, 498A of the Indian Penal Code, pending in the court of Chief Judicial Magistrate, Hajipur (Vaishali). Later on, Sections 302 and 304(B) of the I.P.C. has been added.
Allegation is that the petitioner poured kerosene oil on the body of the informant, due to which she sustained burn injury. Later on, the informant died in the Hospital. It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.03.2018 and has got no criminal antecedent. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged
Patna High Court Cr.Misc. No.40910 of 2018(3) dt.16-08-2018 2/2 against the petitioner. The petitioner has falsely been implicated in the present case. There is no other substantive evidence to suggest the implication of the petitioner in the present case nor there is any eye witness to the alleged occurrence. On behalf of the State and learned counsel for the informant, it is submitted that the petitioner is named in the F.I.R. He is the husband of the deceased. The onus is upon him to explain the cause of death of the deceased. Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected. The court below is directed to expedite the case. (Sudhir Singh, J) Narendra/- U T