IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43125 of 2010 DHARMENDRA PATHAK ……Petitioner. Versus THE STATE OF BIHAR ---------- 3 19.01.2011 The petitioner being the husband of the victim in a case registered under Section 304(B) of the Indian penal Code is languishing in custody since 12.04.2010 The petitioner’s earlier bail application was rejected on 02.07.2010. It is alleged in the F.I.R. that the victim was married to the petitioner in 2006. The allegation was demand of one motorcycle or Rs. 50,000/- by the petitioner. On 30.06.2007 the informant came to know that her daughter has been burnt by in-law’s family. Subsequently, the victim died on 01.07.2007 at 1.20 P.M. during treatment in Appolo Burn Hospital, Patna then the F.I.R. was lodged. Learned Sessions Judge has rejected the bail of the petitioner considering the statement of the father and other family 2 members of the victim’s side. Learned Sessions Judge relied upon the statement recorded in para 16 to 21 which contains the statement of the Fufera brother, father, cousin brother, uncle and mother of the victim. The statement of the father of the victim suggests that F.I.R. was lodged after the death where only suspicion was raised. The fufera brother of the victim in para 17 has stated that he came to know that victim got burnt injury while cooking. Though the cousin brother has alleged about demand of motorcycle but none of these witnesses have claimed to have been seen the actual occurrence. In para 7 to 9 and from 27 to 33 and 48 and 63 the witnesses have supported this fact that the victim got burnt injury while cooking and was taken to hospital by the family members of the petitioner. In para 8 of the case diary it is stated that victim made statement while going to hospital that she got burnt while cooking. Learned senior counsel for the 3 petitioner further submits that the case is still not been committed to the court of session and the petitioner is languishing in jail since 12.04.2010. Considering the fact that the petitioner’s family took the victim to the hospital and tried to save her life and the father of the victim has stated that when he reached in hospital all the family members including the petitioner were present. Considering the facts that case was lodged only after the death of the victim and the observations given in the earlier rejection order dated 02.07.2010, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Jairampur P.S. Case No. 13 of 2007. Learned court below will be at liberty to 4 cancel the bail of the petitioner, if the petitioner fails to appear on three consecutive dates during trial. Bhardwaj/- ( Dinesh Kumar Singh, J.)