Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40349 of 2011 ====================================================== 1. Sanjay Bhagat, S/o Late Baldeo Bhagat. 2. Ram Babu @ Dablu, S/o Sheo Kumar Bhagat. Both are residents of Village- Amnaura, P.S. Ander, District- Siwan. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Naresh Prasad, Advocate For the Opposite Party/s : Mr. Ashok Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER 3 15-03-2012 Heard the parties. The petitioners are in custody in connection with Andar P.S. Case No.86 of 2011 for the offences punishable under [STATUTE] . Whereas petitioner no.1 happens to be the husband of the deceased, petitioner no.2 is the son of the brother of petitioner no.1. Learned counsel for the petitioners with reference to the FIR submits that the informant without assigning any motive has in general manner roped the husband and his family members in the present case. It is submitted that as per the FIR itself, the deceased was initially taken for primary treatment locally at Siwan and upon being referred, was being taken to Patna Medical College and Hospital for treatment but she succumbed to the burn injury on the way. The statement of the victim lady has been recorded in paragraph 15 of the case diary and who had not made any allegation against her husband, rather the allegation is directed against petitioner no.2 of causing the alleged occurrence. Patna High Court Cr.Misc. No.40349 of 2011 (3) dt.15-03-2012 2 Regard being had to the circumstances and the materials on record, no case for indulgence is made out in so far as petitioner no.2, namely, Ram Babu @ Dablu is concerned. This application in so far as petitioner no.2, namely, Ram Babu @ Dablu is concerned stands dismissed. Since there is no allegation against the husband (petitioner no.1), let petitioner no.1, namely, Sanjay Bhagat 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 the learned Chief Judicial Magistrate, Siwan in connection with Andar P.S. Case No.86 of 2011. This application is allowed, in part. SKPathak/- (Jyoti Saran, 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.