IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23420 of 2008 NEERAJ KUMAR Versus STATE OF BIHAR ----------- 5. 10.12.2008 Heard Sri Ajay Kumar Thakur, Advocate for the petitioner, Sri Ramakant Sharma, Senior Advocate for the Informant and the learned A.P.P. for the State. The case is under Section 304B and the petitioner is the husband of the deceased who was married to the petitioner in May, 2006 and since thereafter was being tortured by the family members of the petitioner for bringing a Maruti vehicle and Rs.1,00000/- in cash. It is alleged that after about six months of the marriage the lady was taken to Gurgaon by the petitioner and she was also tortured there and she was brought back again to her matrimonial house in March, 2007 where she delivered a male child and all on a sudden the informant received an information that his daughter had been killed and her dead body cremated. Some paragraphs of the case diary like paragraphs 4, 5, 6 etc contain the statement of the parents and their family members and they stated that when they reached there they found the deceased burnt and she stated to them it was the mother of this petitioner who had poured the kerosene oil and burnt her. Some of the paragraphs have been referred by the learned defence counsel which contains the statement of the doctor and compounder as also others and it was contended that one Dr. Akhilesh Kumar stated that he was called by the mother of the petitioner to attend on the injured lady and accordingly he went to the house of the petitioner, checked up the lady and referred her to - 2 - P.M.C.H. where she was brought by the family members on an Ambulance. Same facts have been stated by the compounder Amrendra Singh and though there has been some allegations that the petitioner illtreated the lady at Gurgaon also, but the fact remains that as regards the real incident the petitioner’s name appears not being taken by the deceased herself to her parents. Considering the above facts and circumstances, let the above named petitioner be released from custody on furnishing bond on Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Town P.S.Case No.357 of 2007. B.Kr. ( Dharnidhar Jha, J. )