IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12660 of 2009 2 19.5.2009 Ramashankar Yadav son of Shri Krishna Yadav, resident of village Nimiyan, PS Kudara, District Kaimur VERSUS The State of Bihar ---------- Heard learned counsel for the petitioner and learned counsel for the State. Petitioner has prayed for anticipatory bail in a case under section 304B of the IPC on the ground that his wife was treated by Civil Assistant Surgeon in the referral hospital at Mohania on 15.5.2007 and in spite of medicines and injections administered by doctor, she could not recover and died in the night and upon due information, the informant side came but lodged this case on 16.5.2009 after dead body was cremated. It has been submitted that police investigated and found the defence of the petitioner probable and submitted final form showing the case to be false but now, cognizance has been taken by learned Magistrate only against this petitioner and not against other co-accused. Considering all the facts and circumstances, the prayer for anticipatory bail is allowed. In the event of arrest or surrender within six weeks, let petitioner, Ramashankar Yadav, be released on bail on furnishing bail bond of Rs.10000/- with two sureties of the like amount each to the satisfaction of 2 JM 1st class, Kaimur in complaint case no.774 of 2008, tr.no.2697 of 2008, subject to conditions laid down under section 438(2) CrPC. (Shiva Kirti Singh, ACJ) sk