IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.40420 of 2011 Sushma Devi wife of Sri Bal Brind Prasad, Resident of village- Narari, P.S.-Tharthari, District-Nalanda. Versus The State of Bihar ----------- 2. 2.12.2011. Heard learned counsel for the petitioner and learned counsel for the State. The case was initially filed as a complaint on 10.6.2011. The complaint was referred to the police in exercise of powers conferred under section 156(3) of the Code of Criminal Procedure and accordingly a substantial police case was registered on 14.7.2011. From perusal of the contents of allegation, it appears that the daughter of the informant was married to Sri Kant Prasad @ Sonu Prasad on 1.7.2009. A demand of colour T.V. and a Hero Honda Motorcycle was made by the husband and father-in-law at the time of marriage itself. Thereafter, a general and omnibus allegation was made against all the accused persons that they subjected the daughter of the informant to cruelty for non-fulfilment of aforesaid demand. On 4.3.2011 while the victim was in 8th month of her pregnancy, she was dropped at her parental house by the accused. On 18.4.2011 the victim gave birth to a baby in Biharsharif Sadar Hospital. Even at that time no one from matrimonial home of the victim came to take care of her. The health of the victim deteriorated due to post delivery complication. She was again taken to Biharsharif Sadar Hospital and from there she was taken to P.M.C.H, Patna for treatment. Her condition did not improve. She was then shifted to a private hospital of a renowned doctor where 2 she was admitted for ten days. Finding no improvement, the informant took the victim to I.G.I.M.S., Sheikhpur, Patna on 10.5.2011 and in course of treatment she died on 19.5.2011. Her cremation was also done and thereafter the informant went to the police station for institution of first information report but the police did not lodge first information report and thus a complaint was filed in the court. It is submitted on behalf of the petitioner that from the facts narrated in the first information report, ingredients of the offence under section 304B of the Indian Penal Code are not attracted. Admittedly, the victim died in course of treatment while she was in her parental home. The petitioner is mother-in-law and she is in custody since 18.8.2011. Considering the facts and circumstances of the case, the petitioner named above is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Biharsharif (Nalanda) in connection with Nalanda P.S.Case No.74 of 2011. Md.S. ( Ashwani Kumar Singh, J.)