This court rejected the bail application of a petitioner charged with murder under the IPC involving burning injuries to his wife alleging overt acts causing death.
Prayer for bail of the petitioner stands rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.2235 of 2018
Arising Out of PS.Case No. -155 Year- 2017 Thana -PIRO District- BHOJPUR
====================================================== Dharmendra Paswan, son of Sri Sheo Kumar Paswan @ Sheokumar Ram, resident of village - Dusadhi Babhar, P.S. Piro, District - Bhojpur.
.... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Parmatma Singh, Advocate. For the Opposite Party/s : Mr. Satyadev Prasad Singh Yadav, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER
Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Piro P.S. Case No. 155 of 2017 instituted for the offence under Sections 497, 324, 307/34 of the Indian Penal Code. Subsequently, Section 302 of the Indian Penal Code was added.
4 21-02-2018
Fard-e-beyan is recorded by the victim who has subsequently died. It is alleged in the Fard-e-beyan by the victim lady (informant) that while she was sleeping in her room, this petitioner along with her Gotni Lalita Devi entered into the room and this petitioner threw burning match-stick on her body, on account of which, her saree got flamed. Thereafter, this petitioner and gotni of the informant closed the door from outside and fled away. The informant since deceased started raising hulla, then
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her father-in-law, Shiv Kumar, opened the door and extinguished fire. The father-in-law also sustained burn injury while he was extinguishing fire.
The police has come and brought the petitioner to Primary Health Centre where she had given Fard-e-beyan and subsequently, she died.
The post mortem report is available in the case diary wherein Doctor has found 90% of the burn injury. The petitioner is husband of the informant. There is direct allegation of specific overt act against him causing death to his wife by burn injury.
Therefore, this Court is not inclined to grant bail to the petitioner at this stage.
Prayer for bail of the petitioner stands rejected.
(Sanjay Priya, J)
S.Ali/-
U T
2 issues framed by the court
Whether bail should be granted to the petitioner charged with murder under Section 302 IPC.
Whether the direct allegation of causing death by burning justifies refusal of bail.
2 provisions across 1 enactments
Dharmendra Paswan
The State of Bihar
Sanjay Priya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
