IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.25838 OF 2008 KANHAIYA BAITHA, SON OF CHANDRIKA BAITHA, RESIDENT OF VILLAGE BASGAW PARSOUNI, POLICE STATION BHAIROGANJ, DISTRICT WEST CHAMPARAN VERSUS STATE OF BIHAR ******* 3 10.11.2008 Learned Counsel for the petitioner is permitted to make necessary corrections in the prayer portion of this application. Heard Counsel for the petitioner, the A.P.P. representing the State and Counsel appearing on behalf of the informant. The petitioner seeks bail in a case which had been registered under section 304B, 201/34 of the Indian Penal Code. The informant’s daughter Rekha Kumari, whose marriage was solemnized with this petitioner five years ago, was killed by her in-laws on account of her inability to procure the demand of dowry. Submission is that just the preceding date of her death, the family members had taken fish in the dinner. Rekha started vomiting after taking fish and she was taken to the doctor. This fact has been verified by the Police and the SDPO in his supervision note has noted that she had taken fish and due to diarrhoea she died. The death was informed to the informant who came late and lodged this 2 case. The matter was arbitrated and the informant has taken away the utensils. Witnesses told the SDPO that the death was on account of illness. Prayer for bail has been opposed by learned Counsel for the informant. Considering the facts and circumstances of the case, the petitioner Kanhaiya Baitha is directed to be released on bail in Choutarawa (Bhairoganj) Police Case No. 203 of 2007 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Bagaha, West Champaran. Anand (Shyam Kishore Sharma, J.)