NAVIN SAHU Vs. STATE OF JHARKHAND
LAWS(JHAR)-2013-8-64
HIGH COURT OF JHARKHAND
Decided on August 17,2013

Navin Sahu Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

Rakesh Ranjan Prasad, J. - (1.) HEARD learned counsel appearing for the petitioner and learned A.P.P. appearing for the State. Learned counsel appearing for the petitioner submits that this petitioner being the husband of deceased has been alleged to have poured kerosene oil upon the body of the deceased and then put her on fire causing her death. After investigation, the police submitted charge -sheet under Section 304(B) of the Indian Penal Code, though there has been absolutely no allegation either with respect to demand of dowry or subjection to cruelty on account of non -fulfillment of the demand of dowry. It was further submitted that even the allegations of putting his wife on fire gels falsified from the fact, which has been stated in the First Information Report itself, that earlier wife had reported that she accidentally caught fire and in that event, the petitioner seems to be quite innocent.
(2.) AS against this petitioner, learned counsel for the State submits that in course of the investigation, the father and mother of the victim have stated before the police the petitioner used to put forth the demand of dowry and that earlier such statement was not made as they were not expecting that their daughter would survive. Upon it, learned counsel for the petitioner submits that had the allegation of demand of dowry and also subjection to cruelty been true, it must have been there in the First Information Report. Since it is not there one can easily say that all these allegations are afterthought. Regard being had to the facts and circumstances of the case, the above -named petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/ - (ten thousand) with two sureties of the like amount each to the satisfaction of learned Court of Additional Session Judge -III, Jamshedpur in connection with Sonari P.S. Case No. 21 of 2013, arising out of G.R. No. 641 of 2013 (S.C. No. 249 of 2013).;


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