IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.274 of 2011 ARJUN MANDAL, S/O Shri Ram Tahal Mandal……..Petitioner. Versus THE STATE OF BIHAR ----------- 2 05.01.2011 Heard learned counsels appearing on behalf of the petitioner and the State. The petitioner is languishing in custody since 02.02.2010 in a case registered under Sections 304B/34 of the Indian Penal Code. It is alleged that the petitioner was married with the victim in 2007 and there was demand of Rs. 5,00000/- and for that victim is being tortured. The F.I.R. was lodged by the father of the victim stating therein that on 15.08.2009 when the informant went to the hospital then the victim made oral dying declaration and thereafter she died. This fact has been disbelieved by this Court while considering the bail of Umesh Mandal in Cr. Misc. No. 12470 of 2010. From perusal of the postmortem report, it appears that the postmortem was done on 15.7.2008 when the time of death has been assessed by the Doctor within 12 to 24 hours, moreover nature of burn injuries suggest that the victim was not in position to speak and this fact has been admitted by the mother of the victim while recording her statement under Section 161 Cr.P.C. that the victim was unable to speak. It is contended on behalf of the petitioner that the petitioner was alone in the house due to the operation of his mother 2 as all the family members were in the hospital. It is further submitted that petitioner took wife to the hospital for treatment. The bona fide of the petitioner further gets corroborated from the F.I.R. itself where the informant himself admits that the victim admitted that she was brought to the hospital by this petitioner. Considering the unreasonable narration of the prosecution case by the victim, other co-accused Umesh Mandal has been granted bail by a Bench of this Court disbelieving the oral dying declaration and the liberty given in earlier rejection order dated 02.07.2010, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Industrial P.S. Case No. 50 of 2008 (G.R. No. 2465 of 2008). Bhardwaj (Dinesh Kumar Singh, J.)