IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37516 of 2009 SAKALDEO CHAUDHARY son of Sri Balram Chaudhary, resident of village Manjhala, P.S. Kawakol, District Nawada… …Petitioner Versus THE STATE OF BIHAR … …OPPOSITE PARTY For the Petitioner: Mr. Shakeel Ahmad Khan, Sr. Adv. Mr. Rajiv Nayan, Advocate For the State : Mr. R.P.S. Singh, A.P.P. ----------- 2 10.11.2009 The petitioner files supplementary affidavit. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 302/494/120B of the Indian Penal Code. It is submitted on behalf of the petitioner that there has been delay of about 11½ months in lodgment of the complaint case, which was sent to the police for investigation, upon which first information report was lodged. It is further submitted that the occurrence was actually an accident. The petitioner had tried to extinguish the fire and had also received burn injury. Thereafter he along with other family members had taken the deceased to the hospital for treatment, where she had died. Immediately thereafter the police had recorded statement of this petitioner, who is husband of the deceased. The 2 petitioner has appended the aforesaid statement as annexure 3 to this application. That statement also bears signatures of the son and “Sarhu’s” son of the informant. Further submission is that even after the aforesaid statement on part of the petitioner, who is husband of the deceased, no complaint was filed by the otherside for about 11½ months and thereafter the informant had lodged a complaint against the accused persons. After investigation of the case, the police has submitted the chargesheet under section 306 of the Indian Penal Code. It is also submitted that the petitioner is teacher in a Government School. Learned counsel for the State submitted that the allegation in the complaint/FIR is of torture and subsequent killing of the deceased against all of the accused persons. However, due to the reasons mentioned in the complaint itself, the same had been lodged after 11½ months from the date of occurrence. It is also apparent from annexure 7 to the supplementary affidavit, which a copy of the chargesheet submitted by the police in this case, that the same has been submitted under section 306 of the Indian Penal Code. 3 Having regard to the facts and circumstances of the case, the abovenamed petitioner, Sakaldeo Chaudhary, is directed to be enlarged 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 Chief Judicial Magistrate, Nawada, in Warisaliganj Police Station Case No. 102/2009. SC ( Dr. Ravi Ranjan, J.)