IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19522 of 2009 NAND KUMAR GUPTA son of Late Ganesh Shankar Gupta, resident of village- North Hajipur Ward No. 13, P.S. & District- Khagaria. Versus THE STATE OF BIHAR ----------- 3 10.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under sections 304B of the Indian Penal Code. Petitioner is the father-in-law of the deceased. It is submitted that on perusal of the Fardbeyan of the mother of the deceased recorded on 29.01.2007 it appears that there is no allegation against this petitioner of any overt act. The said Fardbeyan was also signed by the husband of the deceased who was also an accused. However a complaint was filed by the mother of the deceased on 15.02.2007 and a detailed case was made out. In the said complaint also it is alleged that the daughter of the complainant Bindiya has allegedly said that she was burnt to death by her father in law, husband, gotni and mother-in-law. Learned counsel submits that the complaint filed after long time and is after thought and it would appear that during the period the daughter of the informant was under treatment for about a week and no statement of her was recorded by any one nor any complaint was made to the police or any authority as - 2 - regards burning. Besides the above, it is submitted that the husband of the deceased namley, Anjani Kumar Gupta has been allowed bail by this Court as per the order dated 03.07.2009 passed in Cr. Misc. No. 17931 of 2009. Learned counsel has produced the certified copy of the aforesaid order, which is kept on record. It is also submitted that the complaint was sent to the police on the basis of which Khagaria (Chitragupta Nagar) P.S. Case No. 94 of 2007 was registered and the police after thorough investigation submitted final form, however before the same could be accepted on account of political pressure the case was directed by the higher official of police to be reinvestigated. Learned counsel appearing for the State opposes the prayer for bail. In the facts and circumstances of the case, let the petitioner, above named, 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, Khagaria, in connection with Khagaria (Chitragupta Nagar) P.S. Case No. 94 of 2007. Manish/- ( Shailesh Kumar Sinha,J.)