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Manoj Verma Vs. the State of Bihar

Manoj Verma vs The State of Bihar

Type Court Judgment Court Patna Decided May 12, 2012
~2 min read
https://sooperkanoon.com/case/974629

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Citation
Court
Patna High Court
Decided On
Subject
Criminal

Case Summary

AI-generated summary - not the official court judgment text.

Criminal

Key legal issue
Criminal

Parties & Advocates

Appellant / Petitioner

Manoj Verma

Respondent

The State of Bihar

Excerpt

in the high court of judicature at patna criminal miscellaneous no.44754 of 2011 manoj verma versus the state of bihar ---------------------------------”12. 01-2012 heard learned counsel for the petitioner and learned additional public prosecutor for the state. petitioner, being husband of the deceased, is languishing in jail custody since 07-10-2011 in a case registered under sections-304b, 498a, 120b of the indian penal code. according to prosecution case itself, the alleged occurrence took place on 20-12-2010 and the deceased died in course of treatment on 25-12-2010 but the complaint case was filed on 15-01-2011 which was converted into police case. the contention of learned counsel for the petitioner is that as a matter of fact, the deceased was caught in fire accidentally while she was cooking food and after the alleged incident, the deceased was immediately taken to buxar sadar hospital from where she was referred to bhu and she died in bhu in course of her treatment. it is further contended that information regarding the aforesaid incident was immediately given to informant but after death of the deceased, a dispute arose 2 between the parties on the point of taking possession of child of the deceased and that dispute led the informant to lodge this false case against the petitioner and his family members. considering the aforesaid facts and circumstances of the case as well as submission of the parties, the petitioner, namely, manoj verma is directed to be released on bail on furnishing bail bonds of rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with dumraon p.s. case no. 55 of 2011 to the satisfaction of chief judicial magistrate, buxar. ( hemant kumar srivastava, j.) akvishwakarma

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.44754 of 2011 Manoj Verma Versus The State Of Bihar ---------------------------------”

12. 01-2012 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner, being husband of the deceased, is languishing in jail custody since 07-10-2011 in a case registered under Sections-304B, 498A, 120B of the Indian Penal Code. According to prosecution case itself, the alleged occurrence took place on 20-12-2010 and the deceased died in course of treatment on 25-12-2010 but the Complaint Case was filed on 15-01-2011 which was converted into police case. The contention of learned counsel for the petitioner is that as a matter of fact, the deceased was caught in fire accidentally while she was cooking food and after the alleged incident, the deceased was immediately taken to Buxar Sadar Hospital from where she was referred to BHU and she died in BHU in course of her treatment. It is further contended that information regarding the aforesaid incident was immediately given to informant but after death of the deceased, a dispute arose 2 between the parties on the point of taking possession of child of the deceased and that dispute led the informant to lodge this false case against the petitioner and his family members. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, the petitioner, namely, Manoj Verma is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dumraon P.S. Case No. 55 of 2011 to the satisfaction of Chief Judicial Magistrate, Buxar. ( Hemant Kumar Srivastava, J.) AKVishwakarma

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