IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28666 of 2008 RAJ KUMAR ….. PETITIONER Versus THE STATE OF BIHAR ….. OPP. PARTY ----------- 5. 24.11.2008 Heard Sri Akhauri Kamal Kishore Sahay, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner is the husband and he was married to the deceased Sushma Devi since last five years. The lady died. There is no allegation that there was any demand for dowry. What is admitted is that the informant learnt that his daughter was serious and was hospitalized in the Armed Forces Hospital, Danapur and accordingly, he along with a couple of his villagers came to the hospital, where he found the lady lying dead. It is further admitted that the lady had been hospitalized for delivering a child and she did deliver a female child. The allegation further is that the informant found a black ligature mark around the neck of the lady and as such inferred that his daughter has been killed. What appears further alleged that the cause of occurrence that the accused persons wanted two katha of land transferred to them at a particular location of Danapur, but the informant was not did it and as such the commission of the murder. The photo copy of - 2 - the post-mortem examination report indicates that in spite of there being a ligature around the neck of the lady, there was no underline damage to any tissue or any fracture of the neck and the doctor could not come to a definite conclusion that why the lady could die. The doctor preserved viscera. The contention is that the lady died after some complication, which she could develop after delivering of the child and the fairness of the petitioner could be graded from the fact that his family members had informed the informant about the lady being admitted. A further plea appears taken that the petitioner was on leave on that particular day understandably because he was attending to his wife. Regard being had to the above facts and circumstances and uncertainty about the cause of death, let petitioner Raj Kumar be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Danapur in connection with Maner P.S. Case No. 297 of 2007. DKS/ (Dharnidhar Jha, J.)