Regular bail application in a case where the petitioner, husband of the deceased, was alleged to have poured kerosene/petrol on his wife and set her alight; her son also died of burn injuries. Considering the gravity of the allegations against the husband, the court refused bail.
Bail application rejected; trial court directed to expedite trial.
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.20542 of 2024
Arising Out of PS. Case No.-842 Year-2023 Thana- AHIYAPUR District- Muzaffarpur
======================================================
HIMANSHU KUMAR SON OF VIPIN MISHRA RESIDENT OF VILLAGE - PRAGATI NAGAR, BADA JAGANATH, P.S. - AHIYAPUR, DISTRICT - MUZAFFARPUR
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Apurv Harsh, Advocate For the Opposite Party/s : Mr. Anil Prasad Singh, APP ======================================================
... ... Opposite Party/s
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
2 02-04-2024
grant of regular bail in connection with Ahiyapur P.S. Case no.842 of 2023 registered under sections 302, 307, 326 and 34 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act.
Patna High Court CR. MISC. No.20542 of 2024(2) dt.02-04-2024 2/3
petitioner that the petitioner has been falsely implicated in the case. The informant is not an eye witness to the occurrence and his presence becomes suspicious on account of the fact that there is no mention of any attempt by him to douse the fire. It was a case of pure accident and there is no reason as to why the petitioner would harm his children. It was the mother of the petitioner who called the ambulance which took the informant’s daughter and others to the hospital. The petitioner is an army officer and there had been no complaint against him or any other person by the informant or his daughter in the past. The petitioner had a happy married life with two children born out of the wedlock. He is in custody since 22.8.2023 and chargesheet has been submitted in the case.
Patna High Court CR. MISC. No.20542 of 2024(2) dt.02-04-2024 3/3
at S.K.M.C.H. both the informant’s daughter and her son died, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.
(Partha Sarthy, J)
Bibhash
U T
1 issue framed by the court
Should the petitioner be enlarged on regular bail in a case of burning his wife and children leading to two deaths?
2 provisions across 2 enactments
Himanshu Kumar
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
