IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.19791 OF 2009 NAGENDRA MISHRA, SON OF AWADESH MISHRA, RESIDENT OF VILLAGE BHARTHIYA, POLICE STATION BISHAMBHARPUR, DISTRICT GOPALGANJ VERSUS STATE OF BIHAR ----------- 3. 12.10.2009 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The case is under sections 307, 302 read with Section 34 of the Indian Penal Code. Petitioner is the husband of the deceased. It is alleged that wife of the petitioner died of burn injury on account of some dispute with regard to money. Learned counsel for the petitioner submits that the petitioner and deceased were married 17-18 years back and they have three children. He says that there was some dispute with the deceased on the fateful day. Thereafter petitioner had gone to toilet to fresh himself and in the meanwhile, on account of dispute and anger, the deceased had put kerosene oil on herself and set her on fire. Petitioner immediately came out of the toilet and tried to douse fire by putting a quilt on the deceased and in the process, petitioner had sustained injuries on both the - 2 - hands. After dousing the fire, the deceased was taken to hospital. However, the informant i.e. brother of the deceased and others came to the hospital and forcibly took away the deceased to another hospital where she died and thereafter this case has been instituted. It is stated that immediately after the occurrence, the villagers had reached at the spot and they had seen burnt quilt and burnt hands of petitioner and were told by petitioner that deceased had tried to commit suicide by putting kerosene oil on herself. Learned counsel for the informant submits that informant was informed by the elder son of the deceased that this petitioner had burnt his wife whereas learned counsel for the petitioner submits that other two children have testified before the police that the deceased had set herself on fire on account of dispute between her and petitioner. As such he submits that at best the case will be under Section 306 of the I.P.C. and not under section 302. Learned counsel for the informant submits that in fact, the deceased was referred to Gorakhpur Medical College for her treatment and not that she was taken away from the hospital forcibly. - 3 - Considering the facts and circumstances, as emerging from the records of the case and materials collected during investigation, the application is allowed. Let petitioner (Nagendra Mishra) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri Mirtunjai Singh, Judicial Magistrate, Gopalganj in Bishambharpur P.S. Case No.50 of 2008, Trial No.3477 of 2009 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)