Ashok Kumar Gupta @ Ashok Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32660 of 2022 Arising Out of PS. Case No.-32 Year-2020 Thana- ASANWA District- Siwan ====================================================== ASHOK KUMAR GUPTA @ ASHOK KUMAR Son of Late Jagarnath Prasad Resident of Village and P.O.- Asaon, P.S.- Asaon, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ayush Kumar, Adv.
For the Opposite Party/s :
Md. Mushtaque Alam, APP Mr. Ajay Kr. Tiwary, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner apprehends arrest in connection with Asaon P.S. Case No. 32 of 2020 registered for the offences under Sections 304B, 201 and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the instant case. Further submission is that in the statement of the deceased (Annexure-4) she stated that she sustained burn injury due to spark in the wire of the AC and fridge and that no one is responsible for it, thereafter she was intially rushed to Timonial Hospital, Gorakhpur and then to Safdarjung Hospital, Delhi. It is also submitted that the Post Mortem Report (Annexure-3)
Patna High Court CR. MISC. No.32660 of 2022(5) dt.07-02-2023 2/2 also transpires that the cause of death is septicemic shock as result of anti-mortem infected thermal flame burn injury. Petitioner has no criminal antecedent.
Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, the petitioner, above named is directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing personal bond to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Asaon P.S. Case No. 32 of 2020, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.
anuradha/- (Arvind Srivastava, J) U T