IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.57702 of 2007 SUNIL PANDEY Versus STATE OF BIHAR ----------- 03/ 07-05-2008 Heard. The petitioner is an accused in a case under Sections 304(B) and 328 of the Indian Penal Code and ¾ of Dowry Prohibition Act. The petitioner is husband of the deceased lady. As per the allegation the marriage was performed in the year 1995 and the present occurrence took place on 1.9.2007. Learned counsel submitted that on the basis of allegations no offence under Section 304B of the Indian Penal Code is made out. He submitted that from the F.I.R. it is clear that the deceased was brought to the hospital by the petitioner where she died during course of treatment. He submitted that the Police after investigation submitted charge sheet under Section 306 of the Indian Penal Code. He then referred to para 19 of the case diary and submitted that at the time of alleged suicide the petitioner was not present in the house. On being informed he came and took his wife to hospital for treatment where she died. Learned counsel thus submitted that this is a case of suicide for which the petitioner is not at all responsible. It appears that the petitioner is in custody since 9.10.2007. In the facts and circumstances of the case, the petitioner, namely, Sunil Pandey is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Jagdishpur P.S. Case No. 153 of 2007. S.Sb/- (Madhavendra Saran, J.)