IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25908 of 2008 SUNIL CHOUDHARY, s/o. late Chunchun Choudhary, r/o. village Godwara, P.S. Moro, Distt. Darbhanga. ---- Petitioner. Versus THE STATE OF BIHAR ---- O.P. ----------- 3 20.10.2008 The F.I.R. was lodged under Section 302/34 of the I.P.C. by the informant Chandresh Ray, the father of the deceased against the petitioner, the husband of the deceased and four other in-laws with the allegation that the daughter was married to the petitioner 15 years back and that one day he received telephonic message that his daughter had been killed by way of burning at the in-laws’ house by the petitioner and others. The informant alleged that the petitioner and his father were demanding Rs.25,000/- for purchasing T.V. and Motorcycle and that non-fulfillment of the demand the deceased was killed. The informant went to the deceased’s sasural and found her dead-body. The post mortem examination was also held. Learned counsel for the petitioner submits that the petitioner is in custody since 21.04.2008. Learned 2 counsel for the petitioner submits that in this case charge- sheet has been submitted for the offence under Section 498A and 306 of the I.P.C. Learned counsel refers to the statement of Vikash Kumar and Kamod Choudhary in paras-10 & 9 of the case-diary that the two sons aged about 11 years and 12 years have stated that in the evening ensuing the night of occurrence the deceased had insisted her husband, the petitioner for taking her to her Maika for seeing her ailing father but the husband did not take her saying that it was the period of irrigation and that he went for irrigating his field and that in the petitioner’s absent in the night, the two sons above saw smoke and fire in the kitchen and the doors of which was closed and that the villagers assembled and doused the flames over the roof of the kitchen and also from the room the burnt dead body of the deceased was taken out. Learned counsel also refers to the statement of co-villager Shambhu Choudhary in para- 14 and points out that the witness Hari Singh a co-villager has also stated that in the night flames were seen in the kitchen where the deceased had died due to burn-injury. Learned counsel also submits that in the 3 supervision note the supervisory authority has mentioned that the door of the kitchen was closed from inside and the dead-body has been taken out after opening the door. Learned counsel submits that it was a case of commission of suicide by the deceased herself due to refusal of her husband, the petitioner to take her to her Maika for seeing her ailing father. Mr. S.R. Haque, the learned Addl. P.P. does not point out any other material against the petitioner. In the facts and circumstances of the case, the petitioner as above is admitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga in connection with Moro P.S. Case No.1 of 2008. Mkr. (C.M. Prasad, J.)