In an oral bail application regarding custodial detention since December 2015 for offences including murder andAttempted Murder under the IPC, the Court rejected the plea due to the serious nature of the charges and independent victim statement.
Bail application stood dismissed; petitioner remains in custody.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.3955 of 2016
Arising Out of PS.Case No. -80 Year- 2014 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== 1. Santosh Rai, S/O Late Om Prakash Rai, Resident of Village- Dhabauli, P.S.- Muffasil, District- Begusarai. .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Ajay Kumar 1 (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER
3 12-04-2016 Heard learned counsel for the petitioner and the State. Petitioner is languishing in custody since 10.12.2015 in a case registered for the offences punishable under Sections 342, 307, 498A, 302/34 of the Indian Penal Code.
The prosecution case is that on 09.02.2014 when husband of the informant told her to cook fish, but she denied. Thereafter, the petitioner along with other coaccused poured Kerosene Oil on her body and set her on fire, as a result she sustained 90% burn injury, but she succumbed to the injuries during treatment.
Learned counsel for the petitioner submits that accusation is omnibus and general. Statement has been
Patna High Court Cr.Misc. No.3955 of 2016 (3) dt.12-04-2016
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made in para-3 of the petition that petitioner has no criminal antecedent.
Considering the nature of accusation and the fact that victim herself stated in fardbeyan and supported the entire allegation against the petitioner and others, this Court is not inclined to grant bail to the petitioner.
Accordingly, the bail application stands
dismissed.
(Dinesh Kumar Singh, J)
P.K./-
U T
1 issue framed by the court
Whether bail should be granted to the petitioner in a case involving offences punishable under Sections 342, 307, 498A, and 302/34 IPC given the serious nature of the accusation and the victim's state
Santosh Rai
The State of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
