IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45642 of 2008 NAVIN YADAV Yadav son of Sri Ramautar Yadav, resident of village- Dhibari, P.S. Thakurganj, District- Kishanganj------ Petitioner Versus STATE OF BIHAR---- Opp. Party *********** 4/ 6-Feb-09 Heard the parties. A counter affidavit as well as Vakalatnama has been filed on behalf of the informant and also a supplementary affidavit has been filed on behalf of the petitioner. The petitioner is an accused for offence under Sections 452, 307, 450, 120B and 376/511 of the Indian Penal Code later on Section 302 was also added. The allegation against this petitioner is that at about 1:30 Hrs. in the night petitioner entered the house of deceased Asha Devi by breaking grill for committing rape but on being resisted he sprinked K. Oil over her and lit her on fire. Thereafter, as alleged, the petitioner fled away from the room and after some time came back along with his driver and a vehicle and forcefully took the deceased, Asha 2 Devi, on the pretext of her treatment despite of resistance by the informant and staff present there. It is submitted on behalf of the petitioner that on account of a political reason the petitioner who is the Chairman of Thakurganj Municipality, this false case has been got lodged at the behest of the local MLA, Sri Gopal Kumar Agrawal who has also lodged various criminal cases against this petitioner. It is further submitted that the police in fact is in collusion with the local MLA and not properly investigating the case , for which the petitioner had also filed a Criminal Writ Application in this Court which was disposed of with observation that “the petitioner shall be at liberty to approach the higher police official”. Later the cognizance was taken against the petitioner on being challenged in this Court. The order of taking cognizance has been stayed as per Annexure-8 of the Supplementary affidavit. The petitioner is in custody since 28th April, 2008. Learned A.P.P. as also learned 3 counsel appearing on behalf of the informant oppose the prayer for bail of this petitioner and submit that there is specific allegation against this petitioner of sprinkling K. Oil over the deceased , Asha Devi and to lit her on fire since the petitioner was allegedly trying to commit rape on her and several paragraphs of the diary suggest the materials are against this petitioner. Considering the submissions of the parties in the facts and circumstances of the case, I am not inclined to allow this application. Accordingly, the same is rejected. chauhan (Shailesh Kumar Sinha, J.)