IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17159 of 2011 Indrajeet Upadhyay, S/O-Sri Dineshwar Upadhyay Versus The State Of Bihar ----------- 03 04.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the applicant. Petitioner is husband of the deceased and allegedly, he along with his other family members lit the fire on the person of the deceased whose statement was recorded in the hospital and in the said statement she specifically levelled allegation of litting fire on her body by the petitioner as well as other in-laws. After the death of the deceased, the statement of her father was recorded and the father of the deceased disclosed that in the year 2007, the deceased had filed a case in Amba Police Station against the petitioner and her other in-laws but on account of intervention of well-wishers the aforesaid case ended in compromise. Learned counsel appearing for the petitioner heavily relied upon the statements of son and daughter of the deceased and submitted that the above stated most natural witnesses have stated that deceased committed suicide on account of petty family feud. It is also contended by him that the Ferdbeyan of the informant was recorded in hospital but there is nothing on the entire case diary to show this fact that before recording her statement any doctor had given certificate about her fitness and competency to make statement. Considering the aforesaid facts and circumstances as 2 well as submissions of the parties, particularly, this aspect of the matter that the Ferdbeyan of the deceased comes under the definition of dying declaration, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Amba P.S. Case No. 69 of 2010 pending in the court of Chief Judicial Magistrate, Aurangabad stands rejected. SHAHZAD ( Hemant Kumar Srivastava, J.)