Case Facts:
Patna High Court Cr.Misc. No.11953 of 2012 (3) dt.20-06-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.11953 of 2012 ====================================================== Praveen Singh @ Guddu Singh, S/O-Nawal Singh .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 3 20-06-2012 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody in a case initially registered under [STATUTE] but later on, converted under [STATUTE] . On 23.07.2011, the Ferdbeyan of the deceased was recorded and in the said Ferdbeyan, she specifically stated that petitioner poured kerosene oil and lit the fire on her body as a result of which she sustained burn injury and later on, she died in course of her treatment. Learned counsel for the petitioner submits that according to prosecution case, the Ferdbeyan of the informant was recorded on 23.07.2011 but the present case was registered on 02.08.2011 and no explanation of the aforesaid delay has been given by the prosecution. It is further submitted by him that as a Patna High Court Cr.Misc. No.11953 of 2012 (3) dt.20-06-2012 matter of fact, deceased did not make any statement before the police and after her death the police in collusion with natal people of the deceased lodged this case against the petitioner. To fortify the above stated contention, learned counsel for the petitioner drew my attention towards the statement of mother of the deceased which has been recorded at Para-24 of the case dairy and submitted that the mother of the deceased very specifically stated that she got information about the incident from co-villagers of the petitioner and she also got information that after the aforesaid incident the deceased was taken to hospital by her in-laws. It is further contended by him that as a matter of fact, deceased was caught in fire accidentally while she was cooking meal but after her death this false case has been brought. Although, learned counsel for the petitioner tried to convince me about the innocence of the petitioner but I am not, at all, convinced with the above stated submission and taking into account that the Ferdbeyan of the deceased is amount to dying declaration, I am not inclined to release the petitioner on bail and accordingly, his prayer for bail in connection with Wazirganj (Tankuppa O.P.) P.S. Case No. 162 of 2011 pending in the court of Chief Judicial Magistrate, Gaya is, hereby, rejected. 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.