IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8446 of 2009 SANJAY KUMAR, SON OF SRI JHOKHU MAHTO, RESIDENT OF VILLAGE-KARAMWA, TOLA-BHATWALIYA, P.S. MAGHWOLIYA, DISTRICT-WEST CHAMPARAN…………………………PETITIONER. Versus THE STATE OF BIHAR……………………………….OPPOSITE PARTY. ----------- For the Petitioner : Mr. Shiva Shankar Sharma, Advocate. For the State : Mr. Nirbhay Kumar Singh, A.P.P. For the Informant : Mr. Pankaj Kr. Singh, Advocate. ----------- 2. 29.4.2009. Sanjay Kumar, the husband of the deceased, Bindu Devi, is in custody in connection with Complaint Case No.2245 of 2003 registered under Sections 304-B and 498-A/34 I.P.C., which on commitment has been registered as Sessions Trial No.563 of 2008. It appears from the complaint petition itself that the deceased Bindu Devi, died in her paternal home. It further appears that the complainant filed a compromise petition in the court below as also a petition seeking permission to compound the offences. True it is that the offence under Section 304-B is not compoundable but the fact of the parties having entered into a compromise is relevant. It is strange that the complainant having filed a compromise petition and permission for compounding the offences in the court below has appeared before this Court to oppose the grant of bail to the petitioner. The motive of the complainant becomes obvious from his deposition in court while figuring as C.W.1 and paragraphs 6, 7 and 8 of the deposition are very much relevant and are indicative of the fact that the complainant is more interested in - 2 - recovery of money and goods from the sasural of his deceased daughter rather than pursuing the complaint case itself. Be that as it may, the petitioner, Sanjay Kumar, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount to the satisfaction of the learned Presiding Judge, Fast Track Court No.III, East Champaran at Motihari in connection with Sessions Trial No.563 of 2008 arising out of Complaint Case No.2245 of 2003. P.S. (Abhijit Sinha,J)