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Patna High CourtCR. MISC./29662/2017bail granted

Barphati Ansari v. The State Of Bihar

2017-08-21Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29662 of 2017 Arising Out of PS.Case No. -160 Year- 2017 Thana -MOHANIA District- BHABHUA (KAIMUR) ====================================================== Barphati Ansari Son of Khalil Ansari Resident of Village-Pusauli (Power Grid), P.S.-Mohania, District-Kaimur at Bhabua. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-08-2017 Heard both sides.

The petitioner apprehends his arrest in Mohania P.S. Case No. 160 of 2017 registered for the offences punishable under Sections 304(B)/34 of the Indian Penal Code.

The father of the deceased alleged that on 16.03.2017 his daughter was burnt with intention to kill. The informant came to know about the occurrence on 10.04.2017 and on 11.04.2017 his daughter died.

Learned counsel for the petitioner submits that the marriage was solemnized more than seven years ago. The wife of the petitioner made her statement before the S.H.O. Mohania that while she was cooking food she got electrocution and fell down and she got burn injuries. On alarm, her husband came and saved

Patna High Court Cr.Misc. No.29662 of 2017 (3) dt.21-08-2017 her but she got burn injury. It is submitted that during the course of treatment, the victim died on 11.04.2017. Thereafter the informant filed this case. The informant did not make any complaint earlier about ill treatment at the hands of the petitioner after marriage of her daughter with the petitioner. Considering the facts that deceased herself made statement before the S.H.O. Mohania that accidentally she got burn injury on account of fall on gas stove and her husband saved her, the above named petitioner in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.

10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua, in Mohania P.S. Case No. 160 of 2017 corresponding to G.R. No. 811 of 2017, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.