IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.25600 of 2009 BASDEO MODI, SON OF LATE SUKHLAL MODI, RESIDENT OF VILLAGE KAIRA, P.S. KHAIRA, DISTRICT JAMUI VERSUS STATE OF BIHAR ----------- 2. 14.09.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 304B and 498A of the Indian Penal Code and Section 3/4 of the Dowry Prohibition Act. Petitioner is said to be father-in-law of the deceased. It appears that after three days of the occurrence, a complaint was filed by the father of the victim-lady alleging demand of dowry and killing of his daughter by her in-laws while the husband of the victim was at Delhi. With the petition, fardbeyan of the victim-lady lodged by herself has been annexed as Annexure-2 which appears to have been recorded in Sadar Hospital, Jamui. In the fardbeyan she has stated that due to snapping of the pipe from the gas cylinder, she received burns for which she has been brought to the hospital for her treatment by the family members. It appears that after fardbeyan of the victim lady was recorded on 3.10.2008 she succumbed to her injury and on the basis of the - 2 - said statement of the victim lady, U.D. case was registered. Later on, when the complaint was filed by the father of the victim-lady, the same was sent to the police under Section 156 (3) of the Code of Criminal Procedure for instituting a substantive case against the petitioner and others. In the order of the learned Sessions judge, the statements of two witnesses have been noticed as recorded during investigation but it appears that those two witnesses have also stated that on account of altercation, the deceased had set herself on fire by pouring kerosene oil on her body. Had there been materials during course of investigation supporting the case of the prosecution that she was done to death by her in- laws, namely, petitioner and others, the same would have been noticed by the learned Sessions Judge in his order. Petitioner is in custody since 6.5.2009. Considering the above facts and circumstances and also materials as appearing from the records, the application is allowed. Petitioner (Basdeo Modi) is directed to be released on bail on furnishing bail bonds of - 3 - Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in connection with Khaira P.S. Case No.211/08. B.T (J.N. Singh, J.)