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Patna High Court

Daya Nath MishraversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that, given the initial accidental account and lack of forensic evidence of kerosene, bail should be granted to the petitioners under Section 482 of the CrPC.

Summary

The petitioners, Daya Nath Mishra and his wife Veena Devi, were accused in a complaint alleging that they set fire to their daughter‑in‑law, resulting in her death. The FIR originally recorded the incident as an accident, with the victim’s first statement and an eyewitness corroborating that kerosene was not used. The victim’s father later altered the account, alleging the petitioners deliberately burned her, leading to charges under Sections 498A, 302 and 120B of the IPC. The petitioners sought bail, arguing the allegations were false, the death accidental, and that the post‑mortem showed no kerosene residue. The Additional Public Prosecutor contended the victim’s statement should be treated as a dying declaration. The Court examined the credibility of the first statement, the lack of forensic evidence of kerosene, and the procedural propriety of granting bail under Section 482 of the CrPC, and consequently ordered bail with conditions. The bail order was conditioned on a bond of Rs.10,000 with two sureties each.

Issues considered

  • The first statement of the deceased should be treated as a dying declaration.
  • Whether the allegations constitute a cognizable offence warranting denial of bail.
  • Whether the procedural provisions of Section 482 of the CrPC justify granting bail in this case.
  • The relevance of forensic findings (absence of kerosene) to the charge of murder.

Legislation cited

Subjects

  • bail
  • dying declaration
  • accidental death
  • forensic evidence
  • IPC
  • CrPC
  • Section 482
  • dowry death

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29988 of 2026
                  Arising Out of PS. Case No.-1076 Year-2019 Thana- SAMASTIPUR COMPLAINT CASE
                                                    District- Samastipur
                 ======================================================
           1.     Daya Nath Mishra Son of Late Kamla Kant Mishra Resident of village -
                  Mathurapur, P.S.- Warisnagar (Mathurapur O.P.), District – Samastipur.
           2.    Veena Devi Wife of Dayanath Mishra Resident of village - Mathurapur, P.S.-
                 Warisnagar (Mathurapur O.P.), District – Samastipur.
                                                                          ... ... Petitioner/s
                                                  Versus
           1.    The State of Bihar.
           2.     Divanath Thakur Son of Late Hansnath Thakur Resident of village -
                  Manirampur, Near Mahatma Shiv Kumar Enter College, Dharaimaphi, P.S.-
                  Munshiganj, District - Amethi (U.P.).
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :    Mr.Khushi Awadh, Advocate
                 For the Opposite Party/s :    Mr.Suresh Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   11-05-2026                     Heard learned counsel appearing on behalf of the

                   petitioners and learned Additional Public Prosecutor appearing on

                   behalf of the State.

                                2. The accused/petitioners apprehending their arrest in

                   connection with Complaint Case No. 1076 of 2019 arising out of

                   Warisnagar Mathurapur O.P. P.S. Case No.                  161 of 2014

                   registered for the offences punishable under Sections 498A, 326,

                   307, 302, 120B/34 of IPC but process has been issued under

                   Sections 498A, 120B, 302 of IPC.

                                3. As per FIR, both petitioners, being father-in-law

                   alongwith their family members/son put informant on fire after
Patna High Court CR. MISC. No.29988 of 2026(2) dt.11-05-2026
                                            2/4




          sprinkling kerosene oil on her. The informant died subsequently

          while she was under treatment at Patna.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that the petitioners implicated falsely

          with this case as an afterthought as occurrence was purely

          accidental in nature. It is submitted that the informant received

          burn injury while she was in her kitchen, whereafter she was

          brought to Janta Hospital, Samastipur by her brother-in-law,

          namely, Raj Kumar Mishra. It is submitted that the entire

          occurrence was witnessed by a milk vendor, namely, Lukhiya

          Devi. It is submitted that the first statement of victim supported

          the occurrence as accident, which was duly recorded by A.S.I.,

          Omkar Nath Pandey, Town P.S. SPR, in presence of Lukhiya

          Devi. The statement was duly signed by informant/deceased also.

          Subsequently, as an afterthought on very next day when the

          father of the informant arrived, she took U-turn from her earlier

          version and alleged petitioners and family members that they put

          her on fire after sprinkling kerosene oil. It is also pointed out that

          the informant was married with the son of the petitioners having

          one son aged about 8 years. It is also pointed out that there is no

          allegation of any demand for dowry. It is submitted that the

          brother-in-law, who was made accused in this case, namely Raj
Patna High Court CR. MISC. No.29988 of 2026(2) dt.11-05-2026
                                            3/4




          Kumar Mishra remains present throughout treatment of informant

          upto Patna, where she finally died.

                       5. Arguing further, it is submitted that after taking

          note of aforesaid facts, police after investigation, submitted final

          form against petitioners, whereafter the enquiry was initiated on

          the basis of protest which was filed by the father of the

          deceased, whereafter the learned Jurisdictional Magistrate took

          cognizance for the offence punishable under Sections 498A, 302

          and 120B of the IPC. While arguing further, it is submitted that

          the doctor while conducting postmortem could not find any trace

          of kerosene oil as alleged through second statement, which is the

          basis of the present implication.

                       6.    Learned APP, duly assisted by learned counsel

          appearing on behalf of the informant, while opposing the prayer

          of bail submitted that the statement of informant be treated as

          dying declaration. It is submitted that when father of the

          informant came to the hospital, he disclosed the correct version

          of the occurrence, however, he failed to submit qua first

          statement of victim/informant stating occurrence was an

          accident.

                       7. In view of aforesaid factual submissions and by

          taking note of fact as the first statement of the informant
              Patna High Court CR. MISC. No.29988 of 2026(2) dt.11-05-2026
                                                          4/4




                        recorded in Janta Hospital in presence of the eye-witness of the

                        occurrence and also police, suggesting the occurrence as an

                        accident, accordingly, both above named petitioners who are in-

                        laws, in the event of their arrest or surrender before the learned

                        trial Court, within a period of four weeks of the order, is directed

                        to be released on bail furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) each with two sureties of the like amount

                        each to the satisfaction of the learned Additional Chief Judicial

                        Magistrate-4th, Samastipur/concerned Court, where the case is

                        pending in connection with Complaint Case No. 1076 of 2019

                        arising out of Warisnagar Mathurapur O.P. P.S. Case No. 161 of

                        2014 subject to the conditions as laid down under Section 482(2)

                        of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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