IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31001 of 2011 Sushil Sharma Versus The State Of Bihar ----------- 04/ 25.11.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody in a case registered under section 304B/34 of the IPC. Admittedly, marriage of the deceased took place with the petitioner within two years of her death. No doubt, there is allegation of demand of dowry as well as torture against the petitioner and his other family members but admittedly, it was cousin sister of the deceased who had informed the informant as well as his other family members about ill-condition and death of the deceased. The aforesaid cousin sister of the deceased is nonelse but wife of full brother of the petitioner. Doctor has found some injuries on the person of the deceased and opined that cause of death of the deceased was cardiac temponade and it is obvious from perusal of the post mortem report of the deceased that an irregular ¾” long linear lacetram was found on right vertical of the deceased. The contention of learned counsel for the petitioner is that the deceased was a patient of epilepsy and she was carrying pregnancy of four months at the time of alleged occurrence and, as a matter of fact, she got stroke of epilepsy on the alleged date of the occurrence and on account of which she fell on the earth as a result of which she - 2 - sustained injuries on her person. It is further contended by him that immediately, sister of deceased gave information to informant about condition of the deceased but unfortunately, the deceased could not be saved. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, Sushil Sharma, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in Town P.S. Case no. 79/2011. shahid (Hemant Kumar Srivastava,J)