IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.224 of 2011 MD. ASALAM @ ASLAM ALI, SON OF MD. ANWAR Versus THE STATE OF BIHAR ----------- 02 03.02.2011 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner seeks his bail in connection with Sessions Trial No. 419 of 2010 arising out of Barharia (G.B. Nagar) P.S. Case No. 165 of 2003 registered under Sections 498(A), 323, 307/34 of the Indian Penal Code and ¾ of Dowry Prohibition Act. Subsequently, after death of the victim Section 304B was also added. Petitioner is husband of the victim and allegedly, the victim was subjected to cruelty and harassment prior to her death on account of non-fulfilment of dowry demand and subsequently, she was burnt to death by her in-laws including the petitioner. Learned counsel for the petitioner submits that after institution of the above stated case, Police investigated the matter and having found the case ‘as mistake of fact’ submitted final form which was accepted by learned court below but subsequently, when another Investigating Officer came in this case, he filed a petition before the court for re-investigation of the case and after that the matter was re- investigated and the charge sheet was submitted. Learned counsel for the petitioner further submits that petitioner was put on trial in Sessions Trial No. 419 of 2010 in which the informant as well as her other family members were examined as prosecution witnesses but all the aforesaid witnesses have not supported the prosecution case. He further submits 2 that most striking feature of the case is that the statement of victim was recorded while she was admitted in hospital and in the said statement she had very clearly stated that she was caught on fire while she was cooking meal. Considering the aforesaid facts as well as submissions of the parties above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court-IV, Siwan in connection with above stated Sessions Trial No. 419 of 2010. Shahzad (Hemant Kumar Srivastava, J)