NIMAI MODI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. Petitioner is accused in a case registered under Section 304-B/34 of the Indian Penal Code in connection with Bailapur P.S. Case No.73 of 2010 corresponding to G.R. Case No.4323 of 2010 which is pending in the Court of Sri V.K. Tiwary, learned Judicial Magistrate, Dhanbad.

(2.) It is alleged in the First Information Report that daughter of the informant, who was married with the petitioner, sustained burn injury on 20.12.2010 at her matrimonial home and she died in the hospital during her treatment on 27.12.2010. After death of the deceased the informant, who happens to be mother of the deceased, has lodged this case.

(3.) It is submitted that the evidence collected by the I.O. indicates that the deceased caught under fire accidentally when she was cooking meal. The informant has lodged this case only after death of the deceased though she was present at the hospital during treatment. Learned C.J.M. has taken cognizance whimsically only on the ground that no statement of victim was recorded by the police though she was alive for about a week. It is purely a false case hence the petitioner may be granted bail.