IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24203 of 2011 Sushil Kumar Anand, Son of Sri Sukhdeo Prasad Mandal, resident of village- Ramjani Upadhaya Tola, P.S.-Janki Nagar in the district of Purnea, presently posted as Railway Power House, Mughalsarai, P.S.-Aliganj in the district of Chandauli (U.P). ………Petitioner. Versus The State of Bihar ……………Opp. Party. ----------- 2. 22.07.2011 Heard learned counsel for the petitioner and learned counsel appearing for the State. The petitioner apprehends arrest in connection with a case registered for the offence under sections 504, 506,498A, 120B, 304B and 34 of the Indian Penal Code. Learned counsel for the State opposes the prayer for grant of bail. The present case was initially instituted as a complaint on 9.12.2009 which was referred to Police and subsequently, F.I.R. was registered. The informant has alleged that his daughter Ravita Kumari was married to the petitioner on 20.6.2003. He has alleged that his daughter was subsequently subjected to cruelty for non-fulfillment of demand of dowry. Learned counsel for the informant has alleged that on 28.7.2009, information was received that the daughter of informant was admitted in a hospital at Varanasi and on such information, son of the informant 2 namely, Pappu Kumar proceeded for Varanasi. There on inquiry, Pappu Kumar came to know that the victim had got burn injuries and she was undergoing treatment. Unfortunately, on 28.7.2009 itself in the night in course of treatment, the victim died. From the F.I.R. itself, it would appear that on 29.7.2009, the police prepared inquest report and a post- mortem was also conducted at Varanasi whereafter the daughter of informant was cremated at Varanasi in presence of the son of the informant who brought two kids of the victim back to Bhagalpur. It is submitted on behalf of the petitioner that the marriage had taken place more than seven years back. The victim had sustained accidental burn injuries while cooking. She was immediately taken to hospital at Varanasi from Dalmiya Nagar where the petitioner is posted as Junior Engineer. The same was immediately communicated to the informant and his son had come and met the victim in course of treatment. He also submits that upon death, an inquest report was prepared in presence of the son of the informant, which goes to suggest that he has put his signature as a witness to the inquest. He also submits that prior to death, the victim had given her statement before the police which was duly recorded, in which she 3 had stated that while cooking she had got accidental burn injuries. Learned counsel for the petitioner submits that nearly after five months of the occurrence of the death, the present F.I.R. has been registered with oblique motive. Learned counsel for the petitioner also submits that the accident had taken place at Dalmiya Nagar and death took place at Varanasi and no part of occurrence had taken place at Bhagalpur and therefore also the institution of case at Bhagalpur is an abuse of the process of the Court. Learned counsel for the petitioner also submits that petitioner is deeply concerned with the welfare of the child and that is why he is requested his authorities to deduct 40 % of his salary and transfer the same to the account of son of the informant with whom the two kids are living. Learned counsel for the informant however, submits that there is substance in accusation but failed to meet the aforesaid submissions made on behalf of the petitioner. Be that as it may, taking into consideration the aforesaid facts and circumstances of the case, let the petitioner, namely Sushil Kumar Anand in the event of his arrest or surrender before the Court below within a period 4 of four weeks from the date of communication of this order, be released on bail on furnishing bail bond of Rs. 5,000/- (Five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Nath Nagar P.S. Case No. 226 of 2009. Sanjeet (Ashwani Kumar Singh, J.)