IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33680 of 2010 JITENDRA PANDIT @ MANTU PANDIT @ JITENDRA KUMAR Versus STATE OF BIHAR ----------- 2. 11.10.2010. Heard learned counsel appearing on behalf of the petitioner and the learned counsel appearing on behalf of the State. The petitioner apprehends his arrest in Chapra Town P.S.Case No.164 of 2007 (U.T.No.312/2009) for the offences punishable under sections 498A, 304B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the marriage between the petitioner and the victim lady Manju Devi took place in March 2002. It is submitted that it was an accidental death by burn injury and for which initially information was given by the father of the victim girl on 31.5.2007 placed at Annexure-2 of the present application. The father of the victim lady, i.e. wife of the petitioner, has categorically stated in the said fardbeyan that his daughter caught fire in course of cooking and that this petitioner also got burn injury in the process of saving her and they were both admitted in the general ward of the hospital. It is stated 2 that the father of the victim girl having given this statement on 31.5.2010 changed his stand after the death of his daughter and instituted the present case giving rise to the Case No.164 of 2007 which was subsequently registered as F.I.R. under section 156(3) of the Code of Criminal Procedure. The police, after investigation, submitted final form which is placed at Annexure-4. The informant, i.e. the father of the victim girl filed a protest petition and upon which the cognizance was taken against the accused persons which led to the filing of the present application. Learned counsel, thus, submits that the initial statement made by the father of the victim on 31.5.2007, i.e while the wife of the petitioner was alive, is by itself sufficient proof of the non-involvement of the petitioner in the alleged offence. Taking into consideration the circumstances and submissions of the learned counsel, let petitioner Jitendra Pandit alias Mantu Pandit alias Jitendra Kumar, in the event of his arrest or surrender within four weeks from the date of receipt/production of a copy of this order, be released on furnishing bail bond of 3 Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Rakesh Mishra, Judicial Magistrate, Ist class, Chapra in connection with Chapra Town P.S.Case No.164 of 2007, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. ahk (Jyoti Saran, J)