IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7288 of 2009 MANISH KUMAR SINGH, Son of Tej Bahadur Singh, Resident of Village- Sirkhinpur, Police Station- Akhand Nagar, District- Sultanpur, Uttar Pradesh :----- Petitioner. Versus STATE OF BIHAR:------Opposite Party ----------- 4. 17.04.2009. Heard learned counsel for the petitioner and the State. Petitioner is a Deputy Field Officer with the Research Analysis Wing. He is apprehending his arrest in connection with a case registered for the offence under Section 304B/34 of the Penal Code and happens to be the husband of the deceased. It is submitted on his behalf that the First Information Report was lodged after more than a month of the occurrence and in the circumstances, petitioner be admitted to the privilege of bail as after the deceased suffered burn injuries she was taken to burn hospital and was referred for better treatment at New Delhi but before she could be taken to New Delhi she died and the informant was present at the time of receiving the dead body on 22.8.2008 when she signed Annexure-9, contents whereof clearly show that present is not a case of dowry death. It is submitted on behalf of the informant that while receiving the dead body and signing the document, Annexure-9, contents thereof was never read over to her, in any case she was in distress while receiving the dead - 2 - body of her only living child and did not herself peruse the same, as such, cannot be bound by the contents of Annexure-9. It is further submitted on behalf of the informant that the five year old daughter of the deceased was examined under Section 164 Cr.P.C. and she confirmed before the examining Magistrate that it was her father who first slapped his mother and thereafter set her ablaze. In the light of the statement of the daughter of the deceased, I am not inclined to admit the petitioner to the privilege of bail in the event of arrest. This application is, accordingly, rejected with direction to the petitioner to surrender in the court below (S.D.J.M., Danapur) within a period of four weeks from today and apply for regular bail in connection with Phulwarisharif Police Station Case No. 410 of 2008 which should be considered in accordance with law. P.K.P. (V.N.Sinha,J.)