IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36921 of 2011
1.Mukesh Das son of Harivallabh Das
2.Dashrath Das son of Sukhdeo Das
Both are resident of Mahishi Bazar,
P.S.-Mahishi, District-Saharsa
Versus
The State of Bihar
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2. 9.11.2011. Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case registered for the offence punishable under section 304B read
with section 34 of the Indian Penal Code.
It is submitted that Pinki Devi, the daughter of the
informant was married to co-accused Dilip Das six years ago. Out of
said wedlock the couple was blessed with a daughter aged about
three years and a son aged about two years. The allegation is that on
the date and time of occurrence i.e. 30.3.2007. The accused persons
killed the victim at Delhi is far from truth. Initially, a complaint was
filed on 16.4.2007 i.e. sixteen days after the alleged date of
occurrence. The same was referred to the police under section
156(3) of the Code of Criminal Procedure and first information
report was registered in Mahisi Police Station on 9.6.2008. The fact
of the matter is that the victim was residing together with her
husband in Delhi. On 29.3.2007 she sustained accidental burn injury
in Delhi. She was immediately taken to L.N.J.P. Hospital where her
statement was recorded in which she had categorically stated that for
the said accident neither her husband nor any one else was
responsible. She died on 3.4.2007 at 2.10 a.m. Her postmortem
2
examination was conducted in the hospital. The hospital also issued
a death certificate. In support of the contention annexures 2 and 3
which are statements of the victim recorded in the hospital and
postmortem report respectively have been annexed. The death
summary has also been brought on record. It is further submitted
that in no circumstance the case would fall under section 304B of
the Indian Penal Code. The petitioner no.1 is nephew of the
deceased whereas petitioner no.2 is brother-in-law of the deceased.
They live at Saharsa whereas the deceased and her husband were
living in Delhi.
Taking into consideration the aforesaid submissions, and
facts and circumstances of the case, let the petitioners named above
in the event of arrest or surrender before the court below within a
period of four weeks from the date of receipt/communication of the
order be released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate, Saharsa in
connection with Mahishi P.S. Case No.59 of 2008 subject to the
conditions as laid down under section 438(2) of the Code of
Criminal Procedure.
Md.S. ( Ashwani Kumar Singh, J.)