IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31884 of 2011 Md Rafique Versus The State Of Bihar ---------------------------------- For the state: Sharda Kumari 3 05-12-2011 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is in jail custody since 21-06- 2011 in a case registered under Sections-304B/34 of the Indian Penal Code. The petitioner is husband of the deceased and his marriage had taken place with the deceased on 10-01-2011 and the informant has alleged in his written report that the petitioner had made demand of bicycle in dowry on telephone. It would appear from submission of the parties that in course of investigation, when the further statement of informant was recorded, he stated the story of demand of dowry whereas mother of the deceased did not even whisper about the alleged demand of dowry. It further appears from submission of the parties that no injury was found on the person of deceased except the ligature mark around her neck. 2 The contention of learned counsel for the petitioner is that in course of investigation, it came to light that the petitioner was a drunkard and the deceased being fed up with drinking habit of the petitioner, committed suicide. So, no case under Section-304B of the IP is made out and at best, it is a case of under Section-306 of the Indian Penal Code. Considering the aforesaid facts and circumstances of the case as well as submission of the parties, let the petitioner, namely, Md Rafique be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Pranpur P.S. Case No. 92 of 2011 to the satisfaction of Chief Judicial Magistrate, Katihar. AKVishwakarma ( Hemant Kumar Srivastava, J.)