IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21545 of 2011 Sanfaraz, S/O-Late Yakub Versus The State Of Bihar ----------- 03 09.09.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is in jail custody since 31.03.2011 in a case initially, registered under Section 498(A) of the Indian Penal Code but after one month Section 304(B) of the Indian Penal Code was also added. Petitioner is husband of the deceased and according to prosecution case itself, the marriage of the deceased had taken place seven years ago but subsequently, a land was purchased by her in-laws after selling her ornaments and when she insisted to get her name entered in the sale-deed, the petitioner and his other family members demanded rupees fifty thousand and subsequently, on 04.03.2011 petitioner and other accused mercilessly assaulted her and ousted her from matrimonial home. She came at her parents’ house but she developed some complication and she was brought to hospital where she died in course of her treatment. The contention of learned counsel for the petitioner is that no case under Section 304(b) of the Indian Penal Code is made out because according to prosecution case itself, the marriage of the petitioner had taken place with the deceased seven years ago. He also drew my attention towards the injury report and post-mortem report which have specifically been averred at Paragraph Nos. 9 & 10 of this 2 petition and submitted that even if, the statement of informant as well as injury report assumed to be true, then also, no case under Section 304(B) of the Indian Penal Code is made out. Considering the aforesaid facts and circumstances as well as submissions of the parties, particularly, this aspect of the matter that an omnibus allegation of assault has been levelled against the petitioner and other accused, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Katihar in connection with Barsoi P.S. Case No. 45 of 2011. SHAHZAD ( Hemant Kumar Srivastava, J.)