IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7804 of 2011 UPENDRA KUMAR @ UPENDRA KUMAR RAI Versus THE STATE OF BIHAR ----------- 03 05.05.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner being husband of the deceased is languishing in jail custody since 08.08.2010 in connection with Maner P.S. Case No. 252 of 2008 registered under Sections 304 B, 201/34 of the Indian Penal Code. Admittedly, the marriage of the deceased had taken place with the petitioner in the year 2007 and furthermore, it is admitted case of the prosecution that on 16.11.2008 at about 10:00 A.M. the petitioner had gone to the house of the informant to give information about the death of his wife but the informant as well as his other family members doubted about the behaviour of the petitioner as the information in respect of death of the deceased was not given in time to the family members of the informant and without giving proper information, the dead body of the deceased was disposed of. In course of investigation, the statements of some co- villagers were recorded. The above stated co-villagers stated before the Investigating Officer that the death of the deceased was abnormal as she had consumed poison and while she was being taken to the hospital by the petitioner, she died on her way. Even if, the above stated statements of co-villagers assumed to be true, then also, it is clear that the deceased was not killed by the 2 petitioner and, at best, it is a case of Section 306 of the Indian Penal Code. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner 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 Additional Chief Judicial Magistrate, Danapur in connection with Maner P.S. Case No. 252 of 2008. Shahzad (Hemant Kumar Srivastava, J )