High Court Patna High Court - Orders

Ashish Ranjan vs The State Of Bihar on 8 September, 2011

Patna High Court – Orders
Ashish Ranjan vs The State Of Bihar on 8 September, 2011
                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Criminal Miscellaneous No.21257 of 2011
                                          Ashish Ranjan
                                              Versus
                                      The State Of Bihar
                               ----------------------------------

04/ 08.09.2011 Heard learned counsel for the petitioner as well as learned

Addl. Public Prosecutor for the State assisted by learned counsel for

the informant.

It is the admitted case of the prosecution that the deceased

had solemnized her love marriage with the petitioner in the year 2007

and she died on 21.6.2010 on account of burn injury. It is further

admitted case that having got information regarding condition of the

deceased, father of the deceased went to the house of the petitioner

and talked with her daughter but the present case was lodged by

mother of the deceased after three days of the death of the deceased.

Learned counsel appearing for the petitioner submits that

deceased was caught in fire while she was preparing meal and after

the aforesaid incident, she was, immediately, taken to Appolo Burns

Hospital where she died on next day of the incident which is evident

from perusal of annexure 3 of this petition. It is also pointed out by

him that admittedly, deceased spent her married life with the

petitioner near about three years and within the aforesaid period, the

deceased was got admitted in Ranchi College of Technology &

Research Centre by the petitioner and she was also admitted in

Vinayaka Missions University, Salem which is evident from annexure

4 of this petition. So, the aforesaid conduct of the petitioner clearly

shows his innocence and also substantiates his submissions that the
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deceased died accidentally, while she was cooking meal.

The contention of learned counsel appearing for the

informant is that the deceased died within three years of marriage and

there is allegation of demand of dowry against the petitioner as well as

his other family members. It is further pointed out by him that the

death of the deceased is other than normal circumstance. So, a clear

cut case of section 304B of the IPC is made out.

Considering the aforesaid facts and circumstances as well as

submissions of the parties, let the petitioner, Ashish Ranjan, 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 Addl. Chief

Judicial Magistrate, Hilsa, Nalanda in Ekangarsarai P.S. Case no.

56/2010.

shahid                                  (Hemant Kumar Srivastava,J)