IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24284 of 2011 Narendra Kumar Singh, Son of Janardan Singh, resident of village-Bari Malama, P.S.-Sarmera, District-Nalanda. ……..Petitioner. Versus The State of Bihar ………..Opp. Party. ----------- 2. 22.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The case arises out of a complaint in which cognizance has been taken for the offence under Sections 498 (A) and 304 (B) of the Indian Penal Code. The complainant has disclosed that her daughter was married to the petitioner in February, 2004 and for non-fulfillment of demand of dowry she was subjected to cruelty. She has further submitted that on 17.8.2007 in the night, she came to know through some neighbour residing at Tata (Jharkhand) that the accused persons in conspiracy with each other burnt the daughter of the complainant. She was taken to T.M.H. hospital, Jamshedpur. The complainant alleges that on inquiry on 18.8.2007 she came to know from the victim that the accused persons first poured K.Oil and thereafter burnt her. Lastly, it is alleged that the daughter of complainant subsequently, succumbed to the injury. It is submitted on behalf of the petitioner that the present case is an abuse of the process of the Court. 2 He has brought on record fardbayan of the husband of the complainant dated 23.8.2007 recorded by Sub- Inspector of Police of Bistupur police station on 23.8.2007 at 6.30 P.M. at T.M.H. Hospital, Jamshedpur. The oral statement of the husband of complainant recorded by Police goes to suggest that the victim disclosed that she got burn injury due to accidental fire and the husband and family members had taken proper care for her treatment. Learned counsel for the petitioner has also drawn my attention to the inquest report which was prepared on 24.8.2007 at 8.40 A.M., which shows that father of the victim, namely, Devendra Singh had put his signature as a witness to the inquest. The police on enquiry submitted a report in the said U.D. Case, which was reported for un-natural death of daughter of the complainant on 22.8.2008 wherein it has been clearly held that no complain was received regarding any ill-treatment at the hands of the petitioner’s and the deceased had died due to accidental burn injury. It is surprising that though the death took place in August, 2007, the present complaint case has been lodged on 13th March, 2008. It was also submitted that the death took place at Jamshedpur and the present complaint has been 3 instituted at Nalanda which has got no territorial jurisdiction. Learned counsel for the State opposes the prayer for grant of bail. Be that as it may, in the facts and circumstances of the case, let the petitioner, namely, Narendra Kumar Singh in the event of his arrest or surrender before the Court below within a period of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Sri Manoj Kumar No. 4, J.M., Ist Class, Biharsharif, Nalanda in connection with Complaint Case No. 224 (C) of 2008. Sanjeet/ (Ashwani Kumar Singh, J.)