SHAMBHU DEBNATH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeal has been preferred by the complainant against the grant of anticipatory bail to respondents nos. 2 to 4 by the High Court of Judicature at Patna in Criminal Miscellaneous No. 28525 of 2023, vide order dtd. 25/7/2023.

(3.) Brief facts of the present case are that the appellant herein had submitted a written application on 13/1/2023 before S.H.O., Mufasil alleging that on the same day at around 7.00 pm, he came out of the house hearing the ruckus and saw that the body of his 20-year-old nephew, Mukesh Kumar, was ablaze the fire. When the appellant asked his injured nephew, he was told that Sindhu Devnath, Sanjit Devnath, Ratan Devnath (respondent no. 2 herein), Lalita Devi (respondent no. 3 herein), Sunil Devnath and Rina Devi (respondent no. 4 herein) had caught hold of him, whereby Sindhu Devnath told him that the appellant's nephew loved his daughter and all of them started beating and abusing him. Further, it was stated that all of the accused persons, with an intention to kill, poured kerosene oil over the appellant's nephew and set his body on fire. As such, Motihari Mufasil P.S. Case No. 28 of 2023 was lodged for the offences punishable under Sec. 341, 323, 307, 504 and 34 of the Indian Penal Code, 1860 ["IPC", hereinafter].