IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27135 of 2008 DAIWATI DEVI Versus STATE OF BIHAR - - - - 2. 31.7.2008 Heard. The case has been registered under Sections 435 and 436 of the Indian Penal Code. The allegation is that the petitioner, not getting 10 litres of kerosene oil as demanded by her, put a lighted matchstick to the drum full of kerosene oil and that caused the entire premises of the informant to be gutted which included a generator set and other 14 drums of kerosene oil as also some other articles stored therein. The contention is that the petitioner could not be held to have committed an offence under Section 436 of the Indian penal Code for the reason that the petitioner did not have the intent to set the residence on fire and she could only be held up for an offence under Section 435 of the Indian Penal Code as she put a lighted matchstick to a drum full of kerosene oil and it could be by sheer accident that blazing kerosene oil caused the 2 other parts of the premises to be gutted. The other contention is that the petitioner is a lady and is in custody since 23.4.2008. Regard being had to the above facts and the contention, let the above named petitioner be directed to be released from custody on her furnishing a bond of Rs. 10,000/-( ten thousand0 with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Drbhanga, in Keoti P.S.Case No. 32 of 2008. Kanth ( Dharnidhar Jha, J.)