Dismissed

Supan Kumar Rai v. The State Of Bihar

Patna HC4 Jul 2014CR. MISC./10652/2014

Case brief

AI extract

What is this about?

Petitioner sought bail in a criminal case involving castor oil pouring and burning allegations against him. The court denied bail due to the specificity of the prosecution statement, emphasizing the deceased could have made a statement days after the incident. The trial was directed to be expedited.

What did the court decide?

Bail application dismissed; trial directed to be concluded within nine months.

Supan Kumar Rai Vs The State Of Bihar — Matrimonial and Divorce | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10652 of 2014

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Arising Out of PS.Case No. -11 Year- 2013 Thana -JAMHORA District- AURANGABAD ====================================================== Supan Kumar Rai Son Of Late Suresh Rai Resident Of Village - Tamouli, P.S.- Jamhoura, District - Aurangabad .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Bindeshwar Prasad, Advocate. For the Opposite Party : Mr. M.K. Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL ORDER 3 04-07-2014 Heard learned counsel for the petitioner and learned A.P.P. for the State.

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The petitioner seeks bail in Jamhore P.S. Case No. 11 of 2013 dated 04.02.2013 instituted under Sections 498A/ 323/ 307/34 of the Indian Penal Code.

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Learned counsel for the petitioner submits that though the allegation against him is that he had poured kerosene on the deceased and his father burnt her but he being the husband did not commit any such crime. It is submitted that since the post mortem report discloses burn injury due to which death occurred, it is obvious that the burn must be quite severe and in that condition the deceased could not have made any statement before

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the police as has been made and he is in custody since 06.03.2013.

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Patna High Court Cr.Misc. No.10652 of 2014 (3) dt.04-07-2014

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2/2

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Learned A.P.P., upon going through the case diary, submits that the post mortem report only mentions that death has been caused due to burn and its complications and the fact that the incident occurred on 27.01.2013 and the victim died on 04.02.2013 i.e., after eight days, itself shows that she was in a condition to make such statement. It is submitted that in view of the categorical statement of the deceased before the police that the petitioner being the husband has poured kerosene on her and the father-in-law had thrown burning match-stick on her, the petitioner cannot plead innocence.

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Considering the facts and circumstances of the case and submissions of learned counsels for the parties, this Court is not inclined to enlarge the petitioner on bail.

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Accordingly, the application stands dismissed.

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However, the court-below is directed to expedite the

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trial and conclude it within nine months.

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(Ahsanuddin Amanullah, J.)

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Mkr./-

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Supan Kumar Rai v. The State Of Bihar

Case brief

What is this about?

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Supan Kumar Rai v. The State Of Bihar

Case brief

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