IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14661 of 2009 BASUDEO YADAV Versus STATE OF BIHAR ----------- 3. 27.07.2009 Heard counsel for the parties. The petitioner has approached this Court seeking bail in a case instituted under section 304(B) and 120(B)/34 IPC. The date of occurrence, as per the complaint (later on treated as an FIR), is 29.07.2006. Initially, the complaint was lodged by the brother of the deceased on 8.8.2006 which was subsequently treated on 9.8.2008 as an FIR. Learned counsel for the petitioner submits that in the FIR itself it has been admitted that the marriage of the deceased with the petitioner was solemnized in the year 1994. Learned counsel further submits that there is absolutely no allegation that the deceased was tortured for want of dowry. In fact, she was blessed with two sons and one daughter. Two sons expired, whereas her daughter is still alive and presently is in custody of grand-mother. Referring to various paragraphs of the case diary, it has been contended that the deceased was mentally shocked on account of the death of her two sons in quick succession whereafter on the fateful night she went out to ease herself but accidentally she slipped into a well. It is further contended that there is some indication in the case diary which suggests that subsequently the informant started demanding certain amount - 2 - from the husband and in-laws of the deceased. Learned counsel next submitted that the informant was duly informed about the cremation of the deceased. The informant arrived and in his presence as also in presence of the village Chaukidar the dead- body was cremated. It is contended that the petitioner is in custody since 03.02.2009. In the facts and circumstances of the case, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of CJM, Gaya, in connection with Bodh Gaya P.S.Case No. 105 of 2008 hr ( Kishore K. Mandal )