IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46101 of 2009 1. Maimuri Nisa, wife of Late Allahuddin. 2. Manjur Alam 3. Pappu. Both sons of Late Allahuddin. All resident of Mohalla- Aurangabad Kalami Mohalla, P.S. Aurangabad (T) District- Aurangabad. ……………………..Petitioners. Versus The State of Bihar …………………………..Opposite Party. ----------- For the petitioners :- Mr. Anil Kumar Singh No.6, Advocate. For the informant :- Mr. Sanjay Kumar, Advocate. For the State :- Mr. Ram Priya Sharan Singh, A.P.P. 2. 26. 04. 2010. Heard the parties. The petitioners apprehend their arrest in connection with Aurangabad (Town) P.S. Case No. 274/09 dated 09. 07. 2009, registered under Sections 304B/34 of the Indian Penal Code. According to the prosecution case, there are allegation of demand of dowry and torture against the accused persons including the petitioners. The informant claims that her daughter was done to death by the accused persons including the petitioners on 27. 06. 2009 i.e. within two years of the marriage. It is submitted by the learned counsel for the petitioners that deceased Hena Praveen sustained burn injury due to accidental burst of stove while she was cooking food. She was admittedly taken to hospital and while she was under treatment at Sadar Hospital, Aurangabad, her statement was recorded by the Police vide Annexujre-2 on 27. 06. 2009 at 13.30 hours itself. In the aforesaid statement, deceased has clearly admitted that she sustained burn injury because of burst of stove and no body was responsible for the same. Subsequently, after a long delay the present F.I.R. 2 vide Annexure-1 was .lodged by the mother of the deceased making allegation against accused persons including the petitioners, but the entire prosecution case is based on suspicion and surmises. Learned counsel appearing on behalf of the State, after going through the case diary, have fairly stated that during the course of investigation, witnesses have stated that deceased suffered burn injury because of accidental burst of the stove. Be that as it may, in the aforesaid facts and circumstances, in the event of their arrest/surrender within a period of four weeks from today, the petitioners ,namely, Maimuri Nisa, Manjur Alam and Pappu, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, in connection with Aurangabad (Town) P.S. Case No. 274/09, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)