IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24397 of 2008 SHIV SHANKAR MAHTHA Versus STATE OF BIHAR - - - - 3. 28.8.2008 Heard. The petitioner, the husband of the deceased, is an accused in a case under Section 304(B) of the Indian Penal Code. The petitioner does not bear the allegation of doing any overt act, like, pouring kerosene oil or putting a lighted matchstick to the lady. The lady stated in the F.I.R. itself that when she raised hulla after being set on fire the petitioner rushed and attempted to douse the flames and brought the lady to Madhubani Hospital for treatment. On a reading of the F.I.R. itself it appears that as regards the setting fire to the lady, the petitioner could not have committed the same as alleged though he misbehaved with the brother of the deceased, as alleged. Regard being had to the facts as alleged, let the above named petitioner be directed to be released from custody on his furnishing a bond of Rs. 10,000/-( ten 2 thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in Madhubani Town P.S.Case No. 82 of 2007. Kanth ( Dharnidhar Jha, J.)