IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24875 of 2008 CHANDRIKA SINGH & ORS Versus STATE OF BIHAR ----------- 3. 21.7.2008. The three petitioners who happen to be the father-in-law and borthers-in-law(bhaisur) of deceased, Sushmita Singh, and are F.I.R. named accused of Jogapatti P.S.Case No.43 of 2008 are apprehensive of their arrest in connection with the aforesaid case registered under Section 304-B/34 I.P.C. and have prayed for anticipatory bail. The prosecution case, in brief, is that following a love marriage of Rajnish Singh and Sushmita Singh some 6-7 months back the in-laws of the deceased (accused persons) wanted to grab the lands of the informant as dowry but as their desire could not succeed they killed Sushmita by setting her on fire. The further prosecution case is that a few days prior to the occurrence the mother of the deceased had been coerced and taken to sasural of the deceased and when the informant visited the burnt sister in hospital he found his mother weeping there. The submission advanced by the learned counsel for the petitioners is that it would be apparent from the case diary that the fact of burning and death of Sushmita took place in presence of her mother and that she had been witness to the daughter receiving burn injury in course of preparing tea. She has also deposed to the fact that her son- in-law, Rajnish Singh, had sustained burn injury in course of dousing the fire and that the burnt Sushmita had been removed to the hospital for treatment which completely goes against the prosecution case. - 2 - The cause of death as per the post-mortem report appears to be shock and septicemia caused by fire. However, a copy of fardbeyan given by Pramod Devi, the mother of the deceased, bearing Jogapatti P.S. Case No.182 of 2001 has been submitted by the learned counsel for the petitioners to show that the mother of the deceased had given a written statement to the police at the hospital (Annexure-2) wherein she has stated that her daughter had been burnt as her clothes caught fire while she was preparing tea and she was removed to the hospital for treatment where she died. In the event of arrest or surrender by the petitioners, (1) Chandrika Singh, (2) Sujit Singh alias Bablu Singh @ Sujit Kr. Singh and (3) Sanjeev Kr. Singh @ Sanjiv Singh, in the court below within three weeks from today, they shall be enlarged on bail on each of them furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West-Champaran, in connection with Jogapatti P.S. Case No.43 of 2008. P.S. (Abhijit Sinha,J)