IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11542 of 2011 Dasrath Sah Versus The State Of Bihar ----------- 04/ 07.07.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner is husband of the deceased and is languishing in jail custody since 27.7.2010 in a case registered under sections 498A, 307/34 of the IPC and 3/ 4 of the D.P. Act and subsequently, after death of his wife, case was converted under section 304B of the IPC. Admittedly, deceased was caught in fire within seven years of her marriage at her matrimonial home and she was taken to Bose Clinic, Dehri from where she was referred to PMCH, Patna for better treatment but in course of her treatment, she died on 14.5.2010. The contention of the learned counsel for the petitioner is that deceased was caught in fire accidentally while she was cooking her meal and she was immediately taken to Bose Clinic, Dehri and information regarding aforesaid incident was immediately given to the informant who happens to be father of the deceased and having got aforesaid information informant came at Bose Clinic, Dehri and in his presence, Officer Incharge, Dehri police station came and statement of the petitioner was recorded. It is further contended by him that when the deceased was referred to PMCH, Patna, she was taken to PMCH, Patna but informant did not accompany deceased and returned to his home and after that lodged the present case. It is contended by him that considering almost all the above stated circumstances, the father - 2 - of the petitioner has already been released on bail by another bench of this court vide order dated 25.2.2011 passed in Cr. Misc. no. 4719/2011. Accordingly, petitioner, Dasrath Sah, is directed to be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Addl. Sessions Judge FTC No. II, Rohtas at Sasaram in Sessions Trial no. 448/2010 arising out of Nashriganj (Rajpur) P.S. Case no. 62/2010. shahid (Hemant Kumar Srivastava,J)