IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36014 of 2011 1. Jai Prakash Mandal, Son of Sadanand Mandal. 2. Shila Devi, wife of Sadanand Mandal. Both resident of village-Panjiyal, P.S.- Rosera, District-Samastipur. Versus The State of Bihar ----------- 2. 25.10.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case in which cognizance for the offence punishable under sections 498(A), 304(B) and 120 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act has been taken. It is stated that the petitioner no.1 is brother-in-law (Dewar) and petitioner no.2 is mother-in-law of the deceased. Initially, compliant case No. 3447 of 2005 was filed by the complainant in the court of Chief Judicial Magistrate, Vaishali. The Chief Judicial Magistrate sent the complaint to police in exercise of powers conferred under section 156(3) of Code of Criminal Procedure and on the basis of that Deshari P.S. Case No.19 of 2006 was registered. During investigation of the said case the police found that the occurrence took place at Rosera which was within the territorial jurisdiction of Samastipur. Hence, the case was sent to the learned Chief Judicial Magistrate, Samastipur by the Chief Judicial Magistrate, Vaishali by order dated 1.12.2006. Subsequently, Rosera P.S. Case No. 93 of 2007 was registered. The police investigated the case. On conclusion of investigation, a final report was submitted which is annexed as annexure-2 to this petition. The police concluded the case to be a mistake of fact. It is also submitted that since the victim had met with an accident, she was carried to 2 Darbhanga Medical College and Hospital, Laheria Sarai, Darbhanga by the petitioners. Her statement was recorded by the Executive Magistrate, Sadar Darbhanga on 6.12.2005. In her statement the victim had stated that on 5.12.2005 in the morning at about 4.00 a.m. she sustained accidental burn injury. On alarm being raised her husband came in rescue. She was immediately taken to a local doctor and subsequently on the advice of the local doctor she was taken and admitted in Darbhanga Medical College and Hospital, Laheria Sarai, Darbhanga where she was being treated. It is submitted that the present complaint was filed in the nature of protest with respect to the same accident in the court of Chief Judicial Magistrate, Vaishali while Desari P.S. Case No.19 of 2006 was under investigation Subsequently in 2010 it was treated as a complaint and pursuant to an enquiry under section 202 of the Code of Criminal Procedure cognizance has been taken. Considering the entire facts and circumstances of the case, let the petitioners, named above in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Sri Anand Abhishek, learned Judicial Magistrate, Ist Class, Vaishali at Hajipur in connection with Complaint Case No. C-1167 of 2010 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)