IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31385 of 2008 PANKAJ KUMAR SINGH @ PANKAJ SINGH, SON OF RAJENDRA SINGH, RESIDENT OF VILLAGE- JIYAN, P.S.- KARJA, DISTRICT- MUZAFFARPUR. Versus THE STATE OF BIHAR ----------- 3 22.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 304(B), 201 and 34 of the Indian Penal code. Petitioner is the husband. It is stated that the petitioner had married the lady on his own choice and had in fact taken insurance of rupees three lakhs making his wife as beneficiary. It is also stated that out of the wedlock five children had born and the eldest daughter is of 10 years. Therefore, apparently the marriage was solemnized much earlier and not within 7 years to attract the application of Section 304B of the Indian Penal Code. Learned counsel for the petitioner has also pointed out that the evidence has come that the lady was of weak mind and of quarrel-some nature and also that when alarm was raised, witnesses assembled and they saw that the inmates of the house and some other persons were trying to break open the door of 2 the room which was closed from inside. After the door was forcibly opened, the dead body of the lady was found inside the room. He submits that this indicates that the lady had locked the room from inside and burnt herself. It is also submitted that since the petitioner had married the lady on his own choice and he had insured himself making the lady as beneficiary, there could be no reason for this petitioner to cause the death of lady by burning. Petitioner is in custody since 21.1.2007. In view of the submissions made by learned counsel with reference to the records and materials available in the case diary, this application is allowed. Let petitioner, namely, Pankaj Kumar Singh @ Pankaj Singh be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri A.K. Singh, learned Judicial Magistrate Court, Muzaffarpur in connection with Karja P.S. Case No. 106 of 2006. Arvind/ ( J. N. Singh , J. )