IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41380 of 2010 MITHILESH KUMAR SINGH S/O LATE SHIV NANDAN SINGH (MAHATO), R/O VILLAGE-BAIGNEE, P.S. BAHERA, DISTRICT-DARBHANGA. ………….Petitioner. Versus THE STATE OF BIHAR ………..Opposite Party. ----------- 02 18.01.2011 Heard Sri Kumar Ravish, learned counsel for the petitioner and Smt. Indu Bala Pandey, learned Additional Public Prosecutor for the State. The petitioner, who is in custody in Bahera P.S. Case No. 142 of 2010, for the offence under Sections 304- B/201/120 B of the Indian Penal Code, has prayed for grant of bail. In the present case First Information Report was lodged on the basis of a complaint filed by complainant in the Court of Chief Judicial Magistrate, Benipur. The complaint petition was filed on 20.05.2010, alleging therein that all the family members of the petitioner including the petitioner had committed offence under Sections 304-B/201/120 B of the Indian Penal Code. The said complaint was subsequently transferred to the police for its registration and investigation and thereafter a First Information Report vide Bahera P.S. Case No. 142 of 2010 was registered. Learned counsel for the petitioner, submits that the daughter of the informant/complainant herself has consumed Salfas on 16.05.2010 and immediately after noticing this fact, this petitioner being husband, carried her to Darbhanga Medical College and Hospital for immediate treatment. However, during treatment on the next day i.e. on 17.05.2010, she died. The police in Darbhanga Medical College and Hospital recorded fard bayan of the petitioner wherein the petitioner had disclosed the fact. After lapse of about seven days, after the death of the victim the complainant, who was father of the deceased filed the present complainant petition. Learned counsel for the petitioner, submits that after investigation, charge sheet was submitted for the offence under Section 306 of the Indian Penal code and charge-sheet was submitted only against the petitioner and further investigation is going on. Learned Additional Public Prosecutor for the State, has opposed the prayer for bail. Keeping in view the fact that petitioner himself had taken step for rendering medical aid to his wife as well as the fact that complaint was filed at belated stage, the Court is of the opinion that it is a fit case for extending the privilege of bail. Let, the petitioner, namely, Mithilesh Kumar Singh, 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 the learned Additional Chief Judicial Magistrate, Benipur in the District of Darbhanga in connection with Bahera P.S. Case No. 142 of 2010. Safik ( Rakesh Kumar, J. )