IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.822 of 2011 SUSHILA KUNWAR, W/O LATE CHATURBHUJ TIWARY, RESIDENT OF VILLAGE- JALAL BASANT, P.S.- GARKHA, DISTRICT SARAN AT CHAPRA. Versus STATE OF BIHAR ----------- 2/ 04.02.2011 Heard learned counsels for the petitioner and the State. The petitioner being mother-in- laws is apprehending her arrest in a case registered under Section 304B, 201/34 of the Indian Penal Code. It is submitted on behalf of the learned counsel for the petitioner that as per the FIR the marriage was performed in 2002, whereas the alleged occurrence took place after seven years of marriage on 13.04.2010, hence on that score alone the case does not come within the preview of the offence under Section 304B IPC. It is submitted that the victim was suffering from diarrhoea and she was 2 firstly taken to the local health center, Garkha and on the way to P.M.C.H she died. The impugned order reflects that the kids of the deceased in para 38 and para 39 of the case diary have stated that their mother was ill and was carried to the hospital for treatment. Moreover, the I.O has not found any sign of fire at the place of occurrence, whereas in the FIR, it is alleged that the victim was burnt to death. The allegation in the FIR is general in nature against all in-laws family. Considering the fact that the death has been taken place more than seven years after the marriage, there is general allegation against the petitioner and the bonafide of the accused side of attempting to provide medical assistance to the victim, let the above named petitioner be released 3 on anticipatory bail in the event of arrest or surrender before the learned court below within a period of twelve weeks from today in Connection with Garkha P.S case No. 83/2010 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, Saran at Chapra under the conditions as laid down under Section 438(2) of the Cr.P.C. Amremdra/ (Dinesh Kumar Singh, J.)