IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40903 of 2008 KRISHNA KUMAR CHAUDHARY son of Late Basudeo Chaudhary, resident of Mohalla New Area Babu Bazar, P.S.- Arrah Nagar, District- Bhojpur. Versus STATE OF BIHAR ----------- 3 26.02.2009 Heard learned counsels for the petitioner and the State. Petitioner, who is the father-in-law, is an accused for the offence under sections 304B/34 of the Indian Penal Code and section 3 & 4 of the Dowry Prohibition Act. It is submitted that the allegation is that the husband of the deceased burnt her on the tacit support of this petitioner. As regard the demand the submission is that although the name of the petitioner is mentioned in the fardbeyan, however the specific allegation of demand is on the part of the husband of the deceased. It is further submitted that the petitioner was not present during the date and time of the alleged occurrence as he was engaged in professional work of the Court being a senior lawyer. It is further contended that in course of investigation the deceased gave her statement to the effect that she got burnt accidentally while cooking in the kitchen. It is also submitted that the husband of the deceased is in custody. - 2 - Learned counsel appearing for the informant submits that the petitioner being the father-in-law can not be absolved of his liability in view of the allegations made in the first information report. Besides the above, it is submitted that the submission of the petitioner that the deceased herself died accidentally in kitchen while cooking is not correct. Learned counsel appearing for the State on perusal of the case diary submits that the allegation against the petitioner along with other co-accused persons are there as mentioned in the fardbeyan, however some of the witnesses have not supported the allegations during investigation. Considering the facts and circumstances of the case, it is directed that in the event of his arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur at Arrah in connection with Arrah Town P.S. Case No. 173 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)