IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2825 of 2010 RATAN MALA DEVI Versus STATE OF BIHAR ----------- And Cr. Misc. No. 22176 of 2010 RAM PUKAR SINGH Versus STATE OF BIHAR 4. 13.07.2010 Heard learned counsel for the petitioners and the State. The petitioners being the mother-in-law and cousin father-in-law are apprehending their arrest in a case initially registered under Sections 304, 201 read with 34 of the Indian Penal Code, but subsequently section 304-B was added. It is alleged in the F.I.R. that there was demand of Rs. 1,50,000/- and the story of tortured was conveyed by the victim to the informant subsequent to the marriage and on 22.6.2009 the informant received a telephone call from the victim conveying about the torture then the informant went to sister’s in-laws house and found her dead. Thereafter, on 3.7.2009 the complaint was filed, which has ultimately been transferred to police under Section 156(3) resulting into registration of Nayagaon P.S. Case No. 40 of 2009 under 2 Section 304, 201/34 I.P.C. It is submitted by learned counsel for Ratan Mala Devi that in paragraphs 6 and 7 of the case diary the father and mother of the victim have been examined, though they alleged that the initial demand was of Rs.1,50,000/- but on 20.6.2009 the husband came and asked for some money for getting employment as a teacher and thereafter, the victim put herself on fire. Reliance has also been placed on the statement of Ram Naresh Singh in paragraph 11 and other witnesses in paragraphs 12 and 13, which suggest that the victim was unhappy due to unemployment of her husband and as a result of which victim committed suicide. In paragraphs 23 and 24 of the case diary it has come that on the date of occurrence also there was some dispute between husband and wife and when none was in the house, the victim put herself on fire. Hence, it is submitted that the cause of death was not dowry demand or torture by family members of the husband but due to strained relation between husband and wife, as a result initially, F.I.R. was registered under Section 304 I.P.C. It is further submitted by learned counsel for the petitioners that petitioner Ratan Mala Devi used to reside at 3 Bikaner which has come in the evidence of witnesses, documents contained in Annexure-2 suggest that on 11.5.2009 her Glucoma operation was done at Bikaner. Learned counsel for Ram Pukar Singh submits that the petitioner is cousin father-in-law and is partitioned from the husband’s family and has a separate house which is apparent from the examination of place of occurance in paragraph 20 of the case diary. Moreover, document containing in Annexure 2 suggests that this petitioner has partitioned long ago. Learned counsel for the informant submits that there is a specific allegation against both the petitioners particularly, the mother-in-law and it is very heinous crime in which within three years of the marriage the victim has died. Learned counsel for the informant further submits that though the case has been found true in the initial investigation against the husband and mother-in-law but the Superintendent of Police has doubted the investigation and has directed for collecting further materials with regard to all the accused persons. Learned counsel for the informant further submits 4 that the witnesses have been gained over by the accused but the informant fails to reply with the regard to the statement of mother and father of victim in paragraphs 6 and 7 of the case diary. However, from the statement of the father and mother in paragraphs 6 and 7, it appears that they have not supported the manner of occurrence and the allegations as levelled in the F.I.R. Learned counsel for the State Mr. Mehta submits that there is an allegation of demand but the witnesses in the case diary have specifically suggested that it was the husband who demanded money soon before the death for employment and the wife was perturbed due to unemployment of the husband. Considering the fact that the petitioner Ratan Mala Devi is a lady and the allegation of demand soon before the death is alleged against the husband and petitioner Ram Pukar Singh being cousin father-in-law, let Ratan Mala Devi be released on provisional bail till completion of the investigation, whereas Ram Pukar Singh is directed to be released on anticipatory bail, in the event of their arrest or surrender before the Court below within a period of 12 weeks 5 from today, on their furnishing of bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai, in connection with Nayagaon P.S. Case No. 40 of 2009. S.S. (Dinesh Kumar Singh, J.)