IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11997 of 2011 ANISH KUMAR Versus THE STATE OF BIHAR ----------- 2 03.05.2011 Heard learned counsels for the petitioner and the State. The petitioner being the husband is apprehending his arrest in a case registered under Section 304B/34 of the Indian Penal Code. The marriage was performed in the year 2002 when the victim died in the year 2009. It is alleged that there was demand of dowry and the torture was inflicted. The informant in the First Information Report, has admitted that the marriage took place on 21.06.2002, whereas, the victim died on 26.09.2009. This admission of the informant leaves out the case from the purview of Section 304B I.P.C. The informant has himself admitted in the First Information Report that he came to know about the burnt injury of the victim on 15.09.2009 when the First Information Report was lodged on 13.12.2009 prior to that, the petitioner side filed a complaint on 09.11.2009 with the accusation of demanding extortion 2 by the informant. It is submitted by learned Sr. counsel for the petitioner that the informant side were present in the hospital and they donated blood and the bona fide of the petitioner's side is apparent from the fact that the victim was given medical assistance when she got the accidental burnt injury on 15.09.2009 and ultimately, she died in the hospital on 26.09.2009. The delayed lodging of the F.I.R., the death after seven years of the marriage and the bona fide of the petitioner's side of providing medical assistance cloud the bona fide of the accusation. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Danapur in connection with Naubatpur P.S. Case No. 280/2009, subject to the conditions as 3 laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)