Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31855 of 2017 Arising Out of PS.Case No. -149 Year- 2015 Thana -PARSABAZAR District- PATNA ======================================================
1. VIKASH KUMAR Son of Sri Mahendra Prasad, R/o Badi Patandevi, P.S.-Alamganj, District-Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar For the Opposite Party/s : Mr. Sri Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State.
The Petitioner is apprehending his arrest in Parsa Bazar P.S. Case No. 149 of 2015 registered for the offence punishable under Sections 304B/34 of the Indian Penal Code and 3/4 of the D.P. Act.
The petitioner is the husband and the informant is the brother of the deceased. The allegation against the petitioner is that he and other accused pour kerosene oil on the deceased-victim, who subsequently died during treatment in Appollo Burn Hospital, Patna. It has been submitted by
Patna High Court Cr.Misc. No.31855 of 2017 (2) dt.13-07-2017 2/3 the learned senior counsel appearing on behalf of the petitioner that when she was brought for getting her treated in Hazaribagh hospital, she was referred to Appollo Burn Hospital, Patna, and she was in conscious stage, and when she was brought in the Appollo Burn Hospital, Patna, she has also made statement before the Doctor and Police, in which she has stated that while going to cook food, she got burnt. However, subsequently due to burn injuries she died in the hospital on 11.09.2015. The complaint case was lodged in the Court of C.J.M., Patna on 11.09.2015, by the brother of the deceased, which was referred to the police for investigation under section 156(3) Cr.P.C. The Nanad of the deceased has been granted bail by a co-ordinate bench of this Court vide order dated 28.03.2017 in Criminal Miscellaneous No. 12412 of 2017.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of
Patna High Court Cr.Misc. No.31855 of 2017 (2) dt.13-07-2017 3/3 the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Patna in connection with Parsa Bazar P.S. Case No. 149 of 2015; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(S. Kumar, J) Ranjan/- U