IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52050 of 2008 1. MITHILESH KUMAR @ MITHILESH KUMAR SINHA, S/O LATE HARIHAR PRASAD 2. GIRIJA DEVI, W/O SRI MITHILESH KUMAR SINHA 3. RAKESH KUMAR, S/O SRI MITHILESH KUMAR SINHA ALL RESIDENTS OF VILLAGE- CHISTIPUR @ KISTIPUR, P.S. CHANDI, DISTRICT- NALANDA ……………. PETITIONERS. Versus STATE OF BIHAR …………….. OPPOSITE PARTY ----------- 02/ 03-02-2009 Heard the counsel for the petitioners and the counsel appearing on behalf of the State and the informant. The petitioners who are father-in-law, mother-in-law and brother-in-law of the deceased lady are accused in a case under Sections 498A, 304B, 201 and 34 of the Indian Penal Code. The F.I.R. was instituted alleging that the accused persons assaulted the deceased while she was pregnant. Investigation was conducted and it appears from Annexure-2 that the deceased gave birth to a female chilled on 29.9.2004. It also appears that there was some problem with her and she was admitted to P.M.C.H. where she was treated and in course of treatment she died. The cause of death has been mentioned as “PPH following LSCS”. A death certificate has also been issued by the Superintendent, P.M.C.H. During investigation the case was found to be not true. Thereafter a protest petition has been filed by the informant claiming that the bleeding took place because of assault on the deceased. Learned counsel for the petitioners submits that it would be apparent from Annexure-2 that the deceased died because of problems arising during child birth and as such it cannot be alleged - 2 - that the said problem was connected to any assault. Considering all these facts, petitioners, namely, Mithilesh Kumar @ Mithilesh Kumar Sinha, Girija Devi and Rakesh Kumar in the event of their arrest/surrender in the Court below within six weeks from today shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of Judicial Magistrate Ist Class, Hilsa (Nalanda) in connection with Complaint Case No. 746C/07. S.Sb/- (Sheema Ali Khan, J.)