Case Facts:
Patna High Court Cr.Misc. No.27583 of 2012 (3) dt.18-09-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.27583 of 2012 ====================================================== 1. Arun Kumar S/O Late Bhubneshwar Prasad Jaiswal .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 18-09-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 11.05.2012 in a case registered under [STATUTE] but after the death of the informant the case was converted under [STATUTE] . Petitioner is husband of the deceased and according to prosecution case itself, the marriage of petitioner had taken place with the deceased in the year 2008 but deceased was subjected to cruelty and harassment on account of non-fulfilment of illegal demand and it is stated that on the alleged date of occurrence petitioner poured kerosene oil on the deceased and lit fire as a result of which she sustained burn injuries and died in course of her treatment. The contention on behalf of the petitioner is that the Patna High Court Cr.Misc. No.27583 of 2012 (3) dt.18-09-2012 brother of the deceased has admitted at para 13 of the case diary that when he reached at the hospital, the petitioner was found present there and furthermore, he as well as his parents attended the cremation of the deceased. It is further contended by him that had the petitioner committed the alleged crime, he would not have present at the hospital nor attended the cremation of the deceased. Regard being had to the facts and circumstances of the case as well as submissions of the parties, particularly, keeping in mind that the Ferdbeyan of the informant is amount to her dying declaration, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Rupouli P.S. Case No. 09 of 2012 pending in the court of Chief Judicial Magistrate, Purnea is, hereby, rejected. It appears that case of the petitioner is still pending in the court of Chief Judicial Magistrate, Purnea and, therefore, Chief Judicial Magistrate, Purnea is directed to commit the case of the petitioner to the court of Sessions in accordance with law within three weeks from the date of receipt of this order, if the same has not been committed as yet and after commitment, the learned trial court shall try to expedite the trial of the petitioner. SHAHZAD/- (Hemant Kumar Srivastava, J)

Applicable IPC Section: 498

Statute Text:
Section 498 of the Indian Penal Code. Enticing or taking away or detaining with a criminal intent a married woman. Whoever takes or entices away any woman who is and whom he knows or has reason to believe to be the wife of any other man, from that man, or from any person having the care of her on behalf of that man, with intent that she may have illicit intercourse with any person, or conceals or detains with that intent any such woman, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.