IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.1309 of 2011
RAMJEE PRASAD, SON OF SHALIGRAM PRASAD
Versus
THE STATE OF BIHAR
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2 22-02-2011 Heard learned counsel for the petitioner as well as learned
counsel for the State.
Petitioner seeks his bail in connection with Ghoshi (Okari)
P.S. Case No.122 of 2008 registered under Section 304(B)/34 of the
I.P.C.
Petitioner is husband of the deceased, and admittedly,
marriage between petitioner and deceased had taken place in the year
2005, but in the year 2008 deceased was caught in fire, and
subsequently, she died in course of her treatment, and thereafter,
informant being father of the deceased lodged this case. The contention
of learned counsel for the petitioner is that the deceased was caught in
fire accidentally while she was making meals, and after the aforesaid
accident deceased was immediately taken to hospital by the petitioner
and his other family members, but unfortunately she could not be saved
and died in course of her treatment. He further submits that when the
informant came to know about the real fact, he deposed before the court
in connection with Sessions Trial No.31 of 2009 and the informant has
specifically stated in the aforesaid deposition that deceased was caught
in fire accidentally. Learned counsel for the petitioner also drew my
attention towards Annexure-4 to this petition and submits that while
granting bail to co-accused Shaligram Prasad this Court vide order dated
6.2.2009 passed in Cr. Misc. No.46146 of 2008 has specifically observed
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that deceased had not made any statement adverse to any co-accused of
this case.
It appears from perusal of the above stated order dated
06.02.2009 passed in Cr. Misc. No.46146 of 2008 that this Court passed
the aforesaid order after perusing the case diary and in course of
investigation witnesses stated that the deceased was caught in fire
accidentally.
In view of the aforesaid circumstances petitioner, namely,
Ramjee Prasad is directed to be released on bail on furnishing bail bonds
of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to
the satisfaction of Chief Judicial Magistrate, Jehanabad in Ghoshi (Okari)
P.S. Case No.122 of 2008, subject to condition that before releasing the
petitioner in the light of this order the learned C.J.M. shall verify the
statement of deceased and if the deceased has stated any adverse thing
against the petitioner, then in that circumstance, the petitioner shall not be
released on bail, but if the deceased has not made any adverse
comments against the petitioner or her statement has not been recorded
by the I.O. in course of investigation, the petitioner shall be released on
bail in the manner as stated.
( Hemant Kumar Srivastava,J.)
PN