IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7425 of 2011 Chhutaharu Mandal Versus The State Of Bihar ----------- 3 20-07-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is named in the first information report and allegedly, he poured K.oil on the deceased and lit fire on her body. Initially, the case was registered under section-307 of the Indian Penal Code but after death of the informant, the case was converted under section-302 of the Indian Penal Code. The contention of learned counsel for the petitioner is that the deceased was caught in fire accidentally while she was frying pea-nuts but due to previous enmity, she lodged the case against the petitioner and others. To fortify his contention, he drew my attention towards Paragraph-31 of the case diary in which, the fardbeyan of the husband of the deceased has been incorporated by the I.O. It appears that after death of the deceased, her husband, namely, Uganand Mandal made a statement before K.Hat Police Station disclosing the accidental death of the deceased but he has stated in the aforesaid fardbeyan that he was not present at the place of occurrence when the occurrence took place. Further, learned counsel for the petitioner tried to 2 satisfy me about the innocence of the petitioner by placing paragraph-42 of the case diary in which, the contents of postmortem report of the deceased have been incorporated but I am not at all convinced with his submission. Accordingly, prayer for bail of the petitioner in connection with Forbesganj (Simraha) P.S. Case No. 78 of 2008 pending in the court of Chief Judicial Magistrate, Araria stands rejected. However, it is made clear that the findings recorded in this order, shall not prejudice the trial court. AKV/- ( Hemant Kumar Srivastava,J.)