IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39762 of 2010 MANTI DEVI @ MALTI DEVI W/O SINGHASHAN DAS R/O VILLAGE KOTHIA NARAON KA TOLA, P.S. AWATAR NAGAR, DISTT. SARAN AT CHAPRA. Versus THE STATE OF BIHAR ----------- 2. 14.12.2010. Heard Shri Dewendra Narayan Singh, learned counsel for the petitioner and Shri Umesh Lal Verma, learned Additional Public Prosecutor. The petitioner, who is in custody in Awatar Nagar P.S. Case No.9 of 2009 for the offence under Sections 498A, 304B/34 of the Indian Penal Code, has prayed for grant of bail. It was submitted by learned counsel for the petitioner that daughter-in-law of the petitioner received burn injury, while she was cooking food. Thereafter, she was carried to hospital where the informant also arrived. However, the injured died on the same day i.e. 22.2.2008. Subsequently, she was cremated in presence of the informant of the present case. Initially, U.D. case was got registered. However, after lapse of more than seven days, a complaint vide Complaint Case No.585 of 2008 was filed in the court of 2 Chief Judicial Magistrate, Chapra, Saran with a concocted story that due to non fulfillment of demand of dowry, daughter of informant was put on fire and she died. The learned Magistrate, after filing the complaint, transferred the same to the police for its registration and investigation under Section 156(3) of the Code of Criminal Procedure. After lapse of almost 11 months, the present F.I.R. vide Awatar Nagar P.S. Case No.9 of 2009 was registered for the offence under Sections 498, 304B and 34 of the Indian Penal Code. Learned counsel for the petitioner submits that vide Annexure-2 to the petition, husband of the petitioner, who was father-in- law of the deceased, was extended the privilege of anticipatory bail. It was submitted that petitioner is in custody since 28.6.2010 and she is an old lady aged about 70 years. Learned Additional Public Prosecutor has opposed the prayer for bail. In view of the fact that even the complaint was filed at delayed stage and thereafter, expiry of about 11 months, F.I.R. was lodged, the court is of the opinion that 3 N.H./ the petitioner deserves to be extended the privilege of bail. Let the petitioner above named be enlarged on bail on his furnishing bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Saran at Chapra in Awatar Nagar P.S. Case No.9 of 2009. ( Rakesh Kumar,J.)