IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21561 of 2008 SANJAY RAI Versus STATE OF BIHAR ----------- 3. 26.8.2008 Heard the learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in connection with Barauni (Chakiya) P.S. Case No.129/06 for the alleged offences registered under section 304B/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that the present F.I.R. has been lodged for ulterior purposes as would be evidently clear from the statement of the deceased given in the hospital before the Doctor and recorded by the Assistant Sub- Inspector of Police to the effect that while she was cooking accidentally her clothes got burnt in the fire of the stove, which immediately engulfed in the whole body and she badly injured and her husband and in-laws taken her to hospital where she is being treated. It is further submitted that the deceased after 18 days of her treatment in the hospital died and 2 during this period the members of her in-laws family used to visit in the hospital to know her health and this F.I.R. was lodged only after the death of the deceased after 18 days of the occurrence. The learned counsel appearing on behalf of the State on perusal of the statement of the deceased is not in a position to refute the submissions advanced on behalf of the petitioner. Considering the above, it is directed that petitioner Sanjay Rai, in the event of his arrest or surrender in connection with Barauni (Chakiya) P.S. Case No.129/06 within a period of four weeks from today, be enlarged 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 Chief Judicial Magistrate, Begusarai, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)