Pramod Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.30011 of 2015 (3) dt.27-10-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30011 of 2015 Arising Out of PS.Case No. -195 Year- 2013 Thana -GARKHA District- SARAN ======================================================

1. Pramod Prasad Son of Yogendra Sah, Resident of Village Soh Sarai, P.S. - Garkha, District - Chapra - Saran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Shrivastav For the Opposite Party/s Mr. Hirday Pd.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 03/ 27.10.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner happens to be husband of the deceased. The statement of deceased was recorded after the occurrence and she has specifically stated that it was the petitioner who set her on fire.

Admittedly, deceased died in course of her treatment and therefore, her statement is amount to her dying declaration. Accordingly, I am not inclined to release the petitioner on bail and hence, his prayer for bail in connection with Garkha P.S. Case no. 195/2013 pending in the court of Chief Judicial Magistrate, Saran/concerned court stands rejected.

shahid (Hemant Kumar Srivastava,J) U T