IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16032 of 2011 Kanhaiya Chouhan Versus The State Of Bihar ------- 03/ 11.08.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner being husband of the deceased is in jail custody since 27.11.2010 in a case registered under section 304B/34 of the IPC on the basis of the information given by chaukidar. Admittedly, in the first information report, there is no allegation of demand of dowry rather it is stated that deceased was unable to produce any offspring and on account of the aforesaid inability, she was subjected to cruelty and harassment by the petitioner and his other family members. In course of investigation, statement of one Matiya Devi was recorded and she disclosed that the petitioner and his other family members had demand Rs 50,000/- and when the aforesaid demand was not fulfilled, the deceased was subjected to cruelty and harassment. Para 39 of the case diary reveals that no external injury was found on the person of the deceased and opinion regarding her death was kept reserved till receipt of FSL report. It also appears from perusal of the case diary that some witnesses stated before the Investigating officer in course of investigation that deceased died of diarrhoea. Taking into consideration the aforesaid facts and - 2 - circumstances as well as submissions of the parties, let the petitioner, Kanhaiya Chouhan, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Fast Track Court No. V, Gopalganj in Sessions Trial no. 534/2010 arising out of Gopalpur P.S. Case no. 42/2010. shahid (Hemant Kumar Srivastava,J)