In a criminal bail application under Section 304-B IPC and Dowry Prohibition Act regarding a house fire that killed the victim and two children, the court granted bail to the accused, who alleged the fire was an electrical accident not a murder attempt.
Petitioner released on bail on furnishing a bond of Rs. 10,000 with two sureties.
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Patna High Court Cr.Misc. No.47183 of 2012 (3) dt.10-04-2013
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.47183 of 2012
====================================================== Manoj Dubey, S/o Chandrama Dubey, Resident of Village- Satferwa, P.S. Simri, District- Buxar. .... .... Petitioner. Versus The State of Bihar .... .... Opposite Party. CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 10-04-2013 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner has been arrested in connection with Simri P.S. Case No. 72 of 2012, registered under Section 304 B of Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
The prosecution case as alleged that the victim was thrown out from her Naihar by her husband. Thereafter, victim and her two children confined in a room and set on fire by which the victim and her two children succumbed to burn injury.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. However, it is true that victim and her two children died due to burn injury, but there is no deliberate intention to kill the victim with her two children as there is accident of firing due to electrical shot circuit and total house was burnt. It is further submitted that occurrence is dated 10.05.2012 and F.I.R. was lodged on 12. 05. 2012, but on the date of occurrence a U.D. case was filed on the same day. However, in
Patna High Court Cr.Misc. No.47183 of 2012 (3) dt.10-04-2013
the case diary it has been mentioned that due to electrical shot circuit the house was setting on fire, but in the F.I.R. there is allegation that victim was subjecting cruelty.
Having regard to the facts and circumstances of the case, the above named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar, in connection with Simri P.S. Case No. 72 of 2012.
m.p.
(Gopal Prasad, J)
1 issue framed by the court
Whether the petitioner is entitled to bail on the ground of accidental fire rather than deliberate intent to kill.
Manoj Dubey
The State of Bihar
Gopal Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
