IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.41009 OF 2008 NITESH THAKUR, SON OF SHIV SHANKAR THAKUR @ GAJJU THAKUR OF VILLAGE PREMNAGAR TOLA BAHERI, POLICE STATION RUNNISAIDPUR, DISTRICT SITAMARHI VERSUS 1. STATE OF BIHAR 2. ASHOK KUMAR JHA, SON OF SUBHADRA JHA, VILLAGE PREMNAGAR TOLA BAHERI, POLICE STATION RUNNISAIDPUR, DISTRICT SITAMARHI ……………………………………………………………………OPPOSITE PARTIES ******* 2 12.12.2008 Heard learned Counsel for the petitioner and the learned A.P.P. representing the State. Also heard learned Counsel for the complainant who appears suo motu and file vakalatnama. Offences alleged are under Section 304 of the Indian Penal Code. The allegation is that the petitioner has given an injection to the wife of the complainant which resulted into her death soon thereafter. It is submitted that as a matter of fact, the petitioner has not given any injection as alleged. The wife of the complainant died on account of severe labour pain which the complainant has not stated in his complaint. It is further submitted that the said complaint on being sent to the police was registered as Runnisaidpur Police Station Case No. 51 of 2007. The police after thorough investigation submitted final form for want of evidence and did not chargesheet the petitioner. A protest petition was then filed by the 2 complainant and on such complaint, cognizance has been taken for the aforesaid offence. The learned counsel appearing for the complainant and the learned A.P.P. appearing on behalf of the State opposes the prayer for bail. However, they are not in a position to refuse the above submissions that there is no mention that the wife of the complainant was expecting delivery or there was having any labour pain etc. The death certificate refers that the cause of actual death is the pain during the delivery. Considering the facts and circumstances of the case, in the event of arrest/surrender before the Court below within a period of four weeks, the petitioner Nitesh Thakur is directed to be released on bail in Complaint Case No. C- 1/1312 of 2007 (Trial No. 2540 of 2008) on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Sitamarhi. Anand ( Shailesh Kumar Sinha, J.)