IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 36360 of 2009 1. DASHRATH SAH, S/O LATE BABAN SINGH, R/O VILL - TOLA SARBU RAI , P.O - KHAWASPUR , P.S - BARAHRA , DISTT - BHOJPUR (ARA) …………………………………..… PETITIONER Versus 1. THE STATE OF BIHAR ………………..….. OPPOSITE PARTY. ----------- For the Petitioner:- Mr. Ajay Kumar Thakur and Mr. Ramkumar Singh, Advocates. For the State:- Mr. R.P.S. Singh, A.P.P. ----------- 4. 09.12.2009. Learned counsel for the petitioner files a supplementary affidavit appending therewith a copy of the order dated 24.08.2009 whereby cognizance has been taken under Sections 306, 201/34 I.P.C. Heard learned counsel for the petitioner and learned A.P.P. appearing on behalf of the State. Petitioner seeks bail in a case registered under Sections 302, 201/34 of the Indian Penal Code. It is submitted on behalf of the petitioner, who is husband of the deceased, that during the course of investigation it has been found that on the occasion of `Grihapravesh’ in the newly constructed house of the petitioner, some quarrel ensued between the in-laws and the petitioner’s family members over theft of Rs. 1600/- and due to rage out of the dispute, the deceased lady committed suicide by burning herself. A charge sheet has 2 been submitted under Sections 306, 201/34 I.P.C. and by order dated 24.08.2009, the court concerned has taken cognizance of offence under Sections 306, 201/34 I.P.C. Submission is that it is not a case under Section 302 I.P.C. It is further submitted that in paragraph 22 of the case diary, the son of this petitioner, namely, Suraj Singh had given a graphic account of the occurrence as to how the deceased along with her four children confined herself into a room by locking it from inside and burnt herself. Petitioner is stated to be in jail custody since 26.06.2009. A bench of this Court while granting anticipatory bail to other co-accused persons vide Annexure-2 had also noticed the fact that the deceased lady had burnt herself due to family dispute. Learned counsel for the State submitted that in the first information report, the allegation of torture and killing is upon the accused persons including this petitioner. However, the materials collected during the course of investigation indicated towards commission of suicide by the deceased and, thus, charge sheet was submitted under Section 306 I.P.C. and on consideration 3 of the same, the court concerned had also taken cognizance of offence under Section 306, 201/34 of the Indian Penal Code. Having regard to the facts and circumstances of the case, I direct the petitioner, Dashrath Singh to be released on bail on his furnishing bond in the sum of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arrah in connection with Barahra (Khawaspur O.P.) P.S. Case No. 306/2008. dk ( Dr. Ravi Ranjan, J. )