IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.7425 of 2011
Chhutaharu Mandal
Versus
The State Of Bihar
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3 20-07-2011 Heard learned counsel for the petitioner as well as
learned Additional Public Prosecutor for the state.
Petitioner is named in the first information report and
allegedly, he poured K.oil on the deceased and lit fire on her
body.
Initially, the case was registered under section-307 of
the Indian Penal Code but after death of the informant, the case
was converted under section-302 of the Indian Penal Code.
The contention of learned counsel for the petitioner is
that the deceased was caught in fire accidentally while she was
frying pea-nuts but due to previous enmity, she lodged the case
against the petitioner and others. To fortify his contention, he
drew my attention towards Paragraph-31 of the case diary in
which, the fardbeyan of the husband of the deceased has been
incorporated by the I.O.
It appears that after death of the deceased, her
husband, namely, Uganand Mandal made a statement before
K.Hat Police Station disclosing the accidental death of the
deceased but he has stated in the aforesaid fardbeyan that he
was not present at the place of occurrence when the occurrence
took place. Further, learned counsel for the petitioner tried to
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satisfy me about the innocence of the petitioner by placing
paragraph-42 of the case diary in which, the contents of
postmortem report of the deceased have been incorporated but I
am not at all convinced with his submission.
Accordingly, prayer for bail of the petitioner in
connection with Forbesganj (Simraha) P.S. Case No. 78 of 2008
pending in the court of Chief Judicial Magistrate, Araria stands
rejected. However, it is made clear that the findings recorded in
this order, shall not prejudice the trial court.
AKV/- ( Hemant Kumar Srivastava,J.)