Bhola Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31394 of 2021 Arising Out of PS. Case No.-628 Year-2020 Thana- GARKHA District- Saran ====================================================== 1.

Bhola Rai Son of Late Punyadeo Rai Resident of Village - Banwari Basant , P. S.- Garakha, Distt.- Saran.

2.

Lalmuni Devi W/o Bhola Rai Resident of Village - Banwari Basant , P. S.- Garakha, Distt.- Saran.

3.

Gyanti Devi W/o Sachindra Rai Resident of Village - Banwari Basant , P. S.- Garakha, Distt.- Saran.

4.

Soniya Kumari D/o Sachindra Rai Resident of Village - Banwari Basant , P. S.- Garakha, Distt.- Saran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anant Kumar Bhaskar For the Opposite Party/s :

Mr. A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-04-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 302, 326, 34 of the Indian Penal Code. It is alleged against the petitioners that they sprinkled kerosene oil on the body of the wife of the

Patna High Court CR. MISC. No.31394 of 2021(3) dt.06-04-2022 2/3 informant and lit her on fire, as a result of which she sustained burn injury and died during treatment in the hospital.

It is submitted by learned counsel for the petitioners that there is general and omnibus allegation against the petitioners. There is no eye witness to the occurrence and since the informant has beaten his wife, hence, out of raise, she sprinkled kerosene oil on her body and lit herself on fire. The postmortem report though suggests that death was caused due to burn injury but it is not apparent from perusal of the case diary that death was caused by the petitioners. Considering the aforestated facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Saran at

Patna High Court CR. MISC. No.31394 of 2021(3) dt.06-04-2022 3/3 Chapra in connection with Garkha P.S. Case No. 628 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) Shageer/- U T