IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39716 of 2008 FULWANTI DEVI W/o- Lallu Yadav R/o- Village Deo Chand Bigha, P.S.- Dhanarua, District - Patna Versus STATE OF BIHAR ----------- 2. 08.12.2008 Heard the parties. Petitioner is an accused in a case for the offence registered under Sections 304(B)/34 of the Indian Penal Code and the cognizance has been taken against the petitioner under Section 498A, 302/34 of the Indian Penal Code. It is submitted that earlier petitioner has been made accused in this case for the offence registered under Section 304B/34 of the Indian Penal Code. However, the police after investigation, did not submit chargesheet against this petitioner. The other co-accused who is husband of the deceased and one Lallu Yaday (father-in-law) were charge sheeted under Sections 498A and 302/34 of the Indian Penal Code. Learned Magistrate deferred and took cognizance of the offence against this petitioner as well. He further submits that deceased committed suicide. Learned counsel for the State opposes the prayer for bail and submits that on consideration of 2 the materials collected, the learned S.D.J.M. has taken cognizance under Section 498, 302/34 of the Indian Penal Code. Considering the facts and circumstances of the case and the materials brought on record, I am not inclined to grant bail to the petitioner. Accordingly, prayer for bail on behalf of the petitioner is rejected. If the petitioner on surrender before the court below makes an application for bail, the same will be considered on its own merits without being prejudiced by the order of this court. Jagdish/- (Shailesh Kumar Sinha,J)