Pintu Singh @ Pintu Kumar @ Bhutta v. The State Of Bihar

Patna High Court Cr.Misc. No.25747 of 2014 (5) dt.15-01-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25747 of 2014 Arising Out of PS.Case No. -105 Year- 2013 Thana -SURYAGARHA District- LAKHISARAI ======================================================

1. Pintu Singh @ Pintu Kumar @ Bhutta Son of Late Dinesh Singh @ Mangal Singh resident of village- Rampur, P.S.- Suryagarha, DistrictLakhisarai .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr. Thakur, Mr. Bipin Kumar For the Opposite Party/s Mr. J.N.Thakur(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05/ 15.01.2015 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.

Originally, case was registered under sections 307, 326, 498A of the IPC and 3/ 4 of the D.P. Act but subsequently, case was converted under section 304B of the IPC.

Admittedly, petitioner is husband of the deceased and in course of investigation, co-villagers of the petitioner, specifically, stated that deceased was caught in fire while she was cooking meal at her matrimonial home and soon thereafter, she was taken to Patna for treatment by the petitioner.

The statement of deceased was recorded at para 49 of the case diary in which she stated that this petitioner had set her on fire but the deceased admitted in her statement that she was taken to hospital by the petitioner and furthermore, she also admitted that she

Patna High Court Cr.Misc. No.25747 of 2014 (5) dt.15-01-2015 was taken to natal place by the petitioner on 25.06.2013. The factum of treatment of deceased has been verified by the Investigating officer which is evident from para 42 of the case diary. Furthermore, I find that informant made statement before officer-in-charge, Begusarai police station and in the said fardbeyan informant had admitted that deceased took some medicine as a result of which her condition deteriorated and she died.

Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Lakhisarai in Suryagarha P.S. Case no. 105/2013. shahid (Hemant Kumar Srivastava,J) U T