Case Facts:
Patna High Court Cr.Misc. No.11053 of 2012 (3) dt.04-04-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11053 of 2012 ====================================================== 1. Satya Narayan Yadav S/O Shivu Yadav .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 04-04-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband of the deceased. Although, the case has been registered under [STATUTE] and ¾ of Dowry Prohibition Act and the informant is not an eye-witness of the alleged occurrence but in course of investigation, when the statement of daughter of the petitioner was recorded, she claimed herself to be an eye-witness and stated that it was petitioner who poured kerosene oil and lit the fire to the deceased. The statement of aforesaid witness has been corroborated by the witnesses, namely, Devi Ghosh and Sarfaraz Alam at Para 10 and 11 of the case diary, respectively. Learned counsel for the petitioner submits that as a matter of fact, the deceased was caught in fire accidentally and after the aforesaid incident, she was immediately brought to Patna High Court Cr.Misc. No.11053 of 2012 (3) dt.04-04-2012 hospital by the petitioner but she could not survive. It is further submitted by him that petitioner too sustained burn injury while he was trying to extinguish the fire. Considering the aforesaid facts as well as materials available on the case diary, I do not feel it proper to release the petitioner on bail, at least, at this stage. Accordingly, his prayer for bail in connection with Barsoi P.S. Case No. 214 of 2011 pending in the court of Chief Judicial Magistrate, Katihar is, hereby, rejected. However, learned Chief Judicial Magistrate, Katihar is directed to commit the case of the petitioner to the court of Sessions within three weeks from the date of receipt of this order in accordance with law and after commitment, the learned trial court shall expedite the trial of the petitioner. SHAHZAD/- (Hemant Kumar Srivastava, 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.