IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41323 of 2008 CHHITESHWAR SHARMA … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Om Prakash For the State:Shri Dashrath Mehta,APP ----------- 3. 12.1.2009 Heard. The petitioner is the father-in-law of the deceased Baby Devi who, as per the allegation, was killed by being burnt by the accused persons. The case was initially registered under Sections 304(B) and 498(A) of the Indian Penal Code but it appears from perusal of the case diary that that the police on investigation of the case submitted chargesheet under Section 302 of the Penal Code. It is not disputed that the deceased had two children aged 9 and 7 years and that she was bearing burn injury as may appear from the post mortem examination report copied in paragraph 36 of the case diary. The relatives of the deceased from her parents side have supported the case as stated in the F.I.R., others of the neighbourhood of the 2 petitioner have stated that they learnt that the deceased had set fire to herself and they rushed to the house and found the lady moaning in pain. They have stated that no attempt was made by the family members of the lady to shift her to any Doctor for her treatment though she survived for 4-5 hours. The contention is that two of the accused persons namely, Manager Devi and Rekha Kumar who are the mother-in-law and Nanad of the lady have been granted anticipatory bail by a Bench of this Court but on perusing that very particular order it appears that the same was a conditional order. Regard being had to the facts and circumstances indicating that no step was taken for moving the lady to a Doctor, I am not inclined to direct release of the petitioner on bail. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)