IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6417 of 2010 MANOJ KUMAR @ MANOJ PRASAD, SON OF RAJENDRA PRASAD Versus STATE OF BIHAR ----------- 3. 08/04/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Section 304(B) and 34 of the Indian Penal Code. In the First Information Report, the mother of the deceased has stated that she learnt that her daughter had been injured and was being taken to Rajeshwar Hospital so she also joined the accused persons. In the Ambulance, her daughter told the Informant that the petitioner had set her on fire. During investigation it transpired that the petitioner had come home in a drunken state and for this reason after an altercation the deceased poured kerosene oil on herself and set herself ablaze and when the petitioner attempted to save her, he also sustained 50 per cent burn injury. The submissions are that if the intention of the accused persons was to kill the deceased, they would not have taken her for treatment at Rajeshwar Hospital and make an attempt to save her life. The petitioner also sustaining burn injury further demonstrates the fact that he had attempted to save the life of the deceased. In view of such, let the petitioner above named, who is in custody since 21.8.2009, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like - 2 - amount each to the satisfaction of Addl. Chief Judicial Magistrate, Barh, in Barh P.S. Case No. 210 of 2009 subject to the following conditions: (i)That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. (ii)That the petitioner will give an undertaking that he will receive the police papers on the given date and be present on date fixed for charge and if he fails to do so on two given dates and delays the trial in any manner, his bail will be liable to be cancelled for reasons of misuse. S.Ali (Anjana Prakash, J.)