IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31192 of 2011 Hare Ram Bind son of Doman Chaoudhary, resident of village-Kazipur, P.S.-Simri, District-Buxar Versus The State of Bihar ----------- 2. 15.9.2011. Heard learned counsel for the petitioner and learned counsel for the State. The petitioner apprehends his arrest in connection with a case registered for the offence punishable under section 304B/34 of the Indian Penal Code. It is alleged that daughter of the informant was married to co-accused Jairam Bind six years ago. After three years of marriage “Gauna” was performed. On 31.5.2006 at about 6 p.m. the informant came to know regarding death of his daughter. The informant went to matrimonial home of his daughter and found her dead body in the courtyard with burn injury. Accordingly, a case was registered against altogether five accused persons named in the first information report including the petitioner, who is alleged to be a friend of husband of the victim. It is submitted on behalf of the petitioner that by no stretch of imagination a presumption under section 113B of the Evidence Act would be drawn against the petitioner for prosecuting him under section 304B of the Indian Penal Code. Admittedly, he is not a family member. It is also submitted that the police on conclusion of investigation found the allegation to be true as against husband and in-laws named in the first information report and chargesheet was submitted against them but in the same chargesheet 2 the petitioner was shown to be innocent and was not sent up for trial. However, differing with the police report, the learned Magistrate has taken cognizance of the offence and that is why the petitioner apprehends his arrest. It is further submitted that all the named accused including the husband have already been granted bail by this court. Taking into consideration the aforesaid facts, let the petitioner, namely, Hare Ram Bind in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri S.K.Mishra, learned Judicial Magistrate, Ist Class, Buxar in connection with Simri P.S. Case No.77 of 2006 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)