IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33131 of 2009 BUDHIA DEVI Versus THE STATE OF BIHAR ----------- 3. 09.11.2009. Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The Petitioner is an accused in Amas P.s. Case No.42 of 2009 for the offence punishable under sections 304B, 201 and 34 of the Indian Penal Code. The substance of allegation as set out in the first information report against the petitioner, who is mother-in-law of the deceased and other family members is of causing death of the daughter of the informant and burning the dead body with a view to eliminate the evidence. Learned counsel for the petitioner submits that during the course of investigation, it has come to light that the deceased had fallen at the chapakal and had sustained injury which proved fatal. He further submits that in course of taking the deceased for treatment, she died on the way. Learned counsel for the State, with reference to para-15 of the case diary, submits 2 that the statement has been made by this petitioner that they had taken the deceased to the clinic of one Dr. Rajendra Babu and where the compounder had stated that the child had died and asked her to take the deceased to Gaya but she died. He, with reference to para-26 of the case diary, also submits that this fact of the deceased being taken to the clinic has been denied by the staff of the clinic. Considering the nature of allegation and fact that petitioner is accused for death of a pregnant lady, I am not inclined to release the petitioner on bail. The prayer for bail is dismissed. ahk (Jyoti Saran,J.)