IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3819 of 2009 Mustaque Alam @ Mustaque Ahmad, Son of Raj Mohammad, resident of Village-Pratappur, P.S.-Manjhagarh, District-Gopalganj. -Petitioner. WITH Cr. Misc. No.20293 of 2009 Raj Mohammad @ Raj Ahmad, Son of Late Hasan Mian, resident of Village-Pratappur, P.S.-Manjhagarh, District-Gopalganj. -Petitioner. VERSUS The State of Bihar -Opposite Party. ----------- 04 27.08.2009 Heard the parties. The petitioners apprehend their arrest in Manjhagarh Police Station Case No.210 of 2008 instituted under Sections 304(B)/34 of the Indian Penal Code read with ¾ of the Dowry Prohibition Act. The informant is the father of the deceased girl. He alleges that the marriage had taken place 3 years back and there was a persistent demand of dowry. On non-fulfillment whereof, the petitioners had burnt his daughter to death and dumped her body in the Gopalganj Sadar Hospital and ran away. This was the F.I.R. that was lodged at Manjhagarh Police Station. Mr. Rama Kant Sharma, learned Senior counsel appearing in support of bail application submits that firstly the deceased, in question, was brought to the hospital by all the petitioners for treatment because she had third degree burn injury during cooking meal. Police was informed by the petitioners which was available on the hospital outpost. Before death deceased gave her statement that she had caught fire while cooking meal. This fact is further corroborated from the fact that immediately after institution of the case when police took up - 2 - investigation they arrested the mother-in-law from the hospital by the bed side of the deceased lady. This would not be the case that the petitioners killed her. If they had killed her they would have absconded long before. It is further submitted that there are no reports that girl was brought dead, on the contrary she was admitted for treatment in the hospital. Learned counsel for the informant pleads ignorance of the fact that the mother-in-law was arrested. In the facts and circumstances of the case, in the event of arrest/surrender within four weeks from today, the petitioners above- named shall be released on bail on each furnishing bail bonds of Rs.10,000/-(Rupees Ten Thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Manjhagarh Police Station Case No.210 of 2008, subject to all conditions as laid down in Section 438(2) of the Criminal Procedure Code. Trivedi/ (Navaniti Prasad Singh, J.)