IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17931 of 2009 ANJANI KUMAR @ ANJANI KUMAR GUPTA Versus STATE OF BIHAR ----------- 2 3.7.2009 Heard learned counsel for the petitioner and the State. The petitioner is husband of the deceased wife. The allegation regarding killing the deceased for demand of dowry after setting her on fire is defended on behalf of the petitioner that it was a simple case of accidental fire occurred when the deceased lit the gas stove for tea, she was taken to Apolo Burn Hospital, the best hospital for treatment where in course of treatment she died. The matter was informed by petitioner’s father next day when they reached hospital. After death the informant gave a fardbeyan fixing no liability rather stating the case as of accidental fire. Thereafter only on 25.2.2007 the complaint was lodged making every allegation which was thoroughly investigated by the I.O. Finding the allegation false the police submitted final form again only according to learned counsel due to political pressure reinvestigation is directed though that has been justified by - 2 - learned counsel for the informant on the ground that the police was in collusion with the accused persons that is why relevant material could not appear otherwise videography of the deceased and the statement recorded in the hospital it is said that the same was obtained to justify the evidence. The fardbeyan of the informant bears signature of her husband also along with petitioner’s father. There is no explanation regarding signature of her husband on the fardbeyan. Informant came to burn hospital either on information of family members of accused petitioner or from other sources but till the deceased remained alive no adverse information was given anywhere. Having regard to the facts and circumstances, in the event of arrest or surrender within one month from the date of receipt/production of a copy of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Khagaria (Chitragupta Nagar) P.S.Case No. 94 of - 3 - 2007,subject to the condition as laid down under section 438(2) Cr.P.C. However, in case any material appears in course of reinvestigation and the case is taken for hearing, at that stage the material collected during the investigation shall be scrutinised to justify the bail so granted to the petitioner. (Mandhata Singh,J.) AI