Case Facts:
Patna High Court Cr.Misc. No.44968 of 2012 (2) dt.17-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44968 of 2012 ====================================================== Asarfi Yadav son of Janaki Yadav .... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 2 17-12-2012 Heard Mr. Sunil Kumar, learned counsel for the petitioner. No one appears on behalf of the State. Learned counsel for the petitioner at the very outset submits that there is a typographical error in the prayer portion of the bail application inasmuch as the word ‘Mahila’ has been mis-spelt. He seeks permission of this court to make necessary correction in the prayer portion of the bail application. Prayer is allowed. Let the correction be made in course of the day. The petitioner is in custody since 25.09.2012 in connection with Jehanabad (Mahila) P.S. Case No. 36 of 2012 registered for offence punishable under Section 307, 326 and 498(A)/34 of the Indian Penal Code and prays for regular bail in the present application. Subsequent to the institution of the First Information Report, the victim died and thus [STATUTE] has been added in the present case. Patna High Court Cr.Misc. No.44968 of 2012 (2) dt.17-12-2012 As per the First Information Report, the informant learnt that his daughter, the victim, was set on fire by her husband. The informant is said to have gone, thereafter, to the in-laws place of the victim and saw that she had got burn injuries. It is on this allegation that the First Information Report was instituted. Learned counsel for the petitioner submits that there is specific allegation in the First Information Report that it was the husband who set the victim on fire. So far as the present petitioner is concerned, he submits that he is brother of victim’s father-in- law and he has no concern with the family of the victim’s father- in-law as they as separate in all respects. He further submits that there is no allegation of any overtact nor there are any witnesses to support the prosecution story as against this petitioner. In view of the above, let the petitioner 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 learned Chief Judicial Magistrate, Jehanabad in connection with Jehanabad (Mahila) P. S. Case No. 36 of 2012. Saif/- (Chakradhari Sharan Singh, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.