IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Appeal (DB) No.368 of 2011
====================================================
SANJAY MAHTO @ DAKUA - Appellant/s(s)
Versus
THE STATE OF BIHAR - Respondent/s(s)
====================================================
Appearance :
For the Appellant/s: Mr. Vikramdev Singh, Advocate
For the Respondent/s: APP
====================================================
CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA
and
HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA
DATE: 05-07-2011
ORAL ORDER
3 05/07/2011 This case has been placed for consideration of
prayer for bail of the appellant after receipt of the lower
court records.
The appellant is the sole accused who has
faced the trial and accused Murari was also an accused
but his trial was transferred before the Juvenile Justice
Board. Allegation of the victim was that she was raped
on 14.2.2009 and thereafter on protest the accused
persons poured kerosene oil upon her and one of the
accused ignited fire. The fard-beyan was recorded o
19.2.2009. Later on victim died on account of injury
inflicted upon her.
Submission is that the delay in giving fard-
beyan creates grave doubt regarding the prosecution
story. There are other contradictions also in the
2
prosecution version regarding the occurrence.
No girl will allege such allegation against any
innocent person. Fard-beyan was recorded when the
victim was undergoing treatment for her burn injury
which proved fatal.
Considering the above facts, we are not
inclined to enlarge the appellant on bail. Accordingly,
his prayer for bail is rejected.
(Shyam Kishore Sharma, J.)
(Rajendra Kumar Mishra, J.)
avin