IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21412 of 2009 DROPADI DEVI Versus STATE OF BIHAR ----------- 3 19.11.2009 Heard learned counsel for the petitioner and the State. In the F.I.R., though there is allegation of setting the deceased on fire by this petitioner also along with husband but the cause shown may not constitute an offence under section 304B IPC as there is no allegation of demand of dowry and torture upon the deceased rather that has been shown committed for otherwise causes, statement of deceased recorded at Apollo Burn Hospital may be taken as dying declaration, specifies about lighting match by the husband. This petitioner is said in between 75-80 years of age. The allegation against the husband is otherwise also made by the deceased that of his being drunkard and causing assault to the deceased. In the facts of the case, in the event of arrest or surrender within one month from the date of communication of this order, the above named petitioner shall be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in Siwan Mufassil P.S.Case No. 26/09, subject to the condition as laid down under section 438(2) Cr.P.C. A.I (Mandhata Singh, J.)