IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1369 of 2009 SONE LAL RAJAK Versus THE STATE OF BIHAR ----------- 2/ 28/01/2009. Heard learned counsel for the petitioner and learned counsel for the State. The prayer for bail of the petitioner was rejected earlier in Cr. Misc. No.15794/07 and 10909/08 in an accusation under Sections-304B and 498A/34 of I.P.C. Renewing the prayer for bail on this third occasion, learned counsel for the petitioner submits that the deceased had suffered repeated abortions and on this occasion also had aborted the child by miscarriage leading to her setting herself afire. That the prayer for bail was rejected on the first occasion primarily relying on the statement of the deceased recorded at the hospital alleging that the petitioner along with the co-accused had submitted her on fire. The doctor who carried out the post mortem has now deposed in the trial. He states that the deceased was brought with 95% burn injuries on her person. That a person with 95% burn injuries shall be totally unconscious, unable to speak and follow the gestures of others. 2 Learned counsel for the petitioner submits that the ground on which the prayer for bail was rejected is a fabricated document. The deposition of the doctor also confirms the presence of a dead foetus in the uterus. Unfortunately, these are aspects which could not be placed before this Court appropriately on the previous two occasions and neither was the deposition of the doctor available till 22.12.2008. Having considered the facts and circumstances of the case, let the petitioner above named be enlarged on bail upon furnishing the bail- bonds of Rs.10,000/- (ten thousand) along with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge, F.T.C.IV, Saran at Chapra in S. Tr. No.312 of 2007, arising out of Sonepur P.S. Case No.115 of 2005. KC ( Navin Sinha, J.)