IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22392 of 2009 PRABHAT KUMAR s/o late Yugal Kishore Prasad @ late Yugal Kishore Sao, resident of Mohalla Main Road, P.O., P.S. and District- Nawada. Versus STATE OF BIHAR ----------- 2 6.8.09 The sole petitioner is the husband, who apprehends his arrest in Nawada Town P.S.Case no.386 of 2008 instituted under Sections 304B and 34 IPC in relation to death of his wife. It is not in dispute that they were married as far back as on 8.6.2003. The informant, who is the brother of the deceased, alleges that he has received telephonic message from the petitioner that his wife has died in the hospital. Petitioner alleges that his sister was tortured for dowry and ultimately killed for dowry by the petitioner and his family members. On behalf of the petitioner, it is submitted that on this FIR being lodged the dead body of the deceased was recovered from Nawada Sadar Hospital where she has been admitted for treatment. Post Mortem Report is there on record, which clearly suggests that she died because of acutepancreatitic, for which treatment, she was in hospital already. Learned counsel for the petitioner submits that this Post Mortem Report totally belied the prosecution case. In my view, once a case diary with Post mortem Report was before the learned Sessions Judge, Nawadah, he ought to have referred the same in his order rejecting the bail application instead of merely reproducing the - 2 - allegation in the FIR which, prima facie, stood falsify by the hospital record and the Post Mortem Report . These were the matters of record before the Sessions Judge concerned and could not have been ignored. It is a different matter that inspite of that learned Sessions Judge could not persuade himself to grant anticipatory bail but he cannot ignore matters of record. In the facts and circumstances of the case, in the event of his arrest/ surrender, within four weeks from today, above named petitioner shall be released on bail on furnishing bal bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of C.J.M., Nawada, in Nawada Town P.S.Case no. 386/08, subject to the conditions as laid down u/s 438(2) Cr.P.C. Let a copy of this order be communicated to the learned Sessions Judge, Nawada. SINGH (Navaniti Prasad Singh, J)