IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44116 of 2008 KAISH MUKHIYA Versus STATE OF BIHAR ----------- 2. 21.11.2008 Heard Sri Brij Kishore Mishra, Advocate for the petitioner and the learned A.P.P. for the State. The case was initially registered under Section 304B etc IPC after about more than two months and 18 days of the occurrence by lodging a petition of complaint. These facts are admitted in the FIR that the complainant also participated in the cremation of the dead body, that the lady was ill and was hospitalized by the petitioner in MJK, Hospital, Bettiah from where she was referred to P.M.C.H. and she died there on 27.7.2006 after quite some days of treatment there. The dead body was taken to the village and the father participated in the cremation. Considering all these facts the police found it may not be a case of 304B IPC rather it was merely a case under Section 498A and 306 IPC. The contention is that the opinion of the police also distorted and away from the admitted facts. Regard being had to the facts of the case and the contentions, let the above named petitioner be released from custody on furnishing bond of Rs.5,000/-(five thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C.III, Bettiah, District-West Champaran in Sessions Trial No.328 of 2008(Mainatand P.S.Case No.60 of 2006). B.Kr. ( Dharnidhar Jha, J. )