IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17816 of 2010 MUNESHWAR DUBEY @ MUNNA DUBEY S/O Sri Bairishtar Dubey…….Pertitioner. Versus THE STATE OF BIHAR . with Cr.Misc. No.22167 of 2010 1. BARISTAR DEBEY S/O late Ram Sharan Dubey 2. Pushpa Devi W/O Baristar Dubey ……..Petitioners. Versus STATE OF BIHAR . ---------- 4. 21.09.2010 Heard learned counsel for the petitioners and the State. Petitioner of Criminal Misc. Case No.17816 of 2010 is husband and petitioners of Criminal Misc. Case No.22167 of 2010 are father-in-law and mother-in-law. Allegation is about killing the deceased by setting her on fire for non-fulfillment of demand of dowry. Defence is that informant’s son had come to petitioners’ house while husband was in field in connection with his work. Deceased went in kitchen for preparation of tea and due to leakage of gas, she was caught in fire and she was taken to hospital, but on way she died. Matter was immediately informed to the police and U.D. case was lodged. Demand and killing is corroborated by family members of the informant, but it is stressed that informant’s son was present at petitioners’ house that is admitted also by his son even in complaint, basis of F.I.R. that son was sent for Bidai and burning was informed by him to the informant. He stated about obtaining his signature on plain papers, one of which is said Annexure-II. A letter written to police station that setting of fire is accidental. The conduct of informant’s son is doubted, if his signature was obtained on blank paper, force was used, is not mentioned nor he informed the matter 2 to police officials before disposal of the dead body. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from date of receipt/production of a copy of this order, above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Gopalganj in connection with Gopalganj P.S. Case No. 262 of 2009, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Vikash ( Mandhata Singh, J.)