IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36921 of 2011 1.Mukesh Das son of Harivallabh Das 2.Dashrath Das son of Sukhdeo Das Both are resident of Mahishi Bazar, P.S.-Mahishi, District-Saharsa Versus The State of Bihar ----------- 2. 9.11.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under section 304B read with section 34 of the Indian Penal Code. It is submitted that Pinki Devi, the daughter of the informant was married to co-accused Dilip Das six years ago. Out of said wedlock the couple was blessed with a daughter aged about three years and a son aged about two years. The allegation is that on the date and time of occurrence i.e. 30.3.2007. The accused persons killed the victim at Delhi is far from truth. Initially, a complaint was filed on 16.4.2007 i.e. sixteen days after the alleged date of occurrence. The same was referred to the police under section 156(3) of the Code of Criminal Procedure and first information report was registered in Mahisi Police Station on 9.6.2008. The fact of the matter is that the victim was residing together with her husband in Delhi. On 29.3.2007 she sustained accidental burn injury in Delhi. She was immediately taken to L.N.J.P. Hospital where her statement was recorded in which she had categorically stated that for the said accident neither her husband nor any one else was responsible. She died on 3.4.2007 at 2.10 a.m. Her postmortem 2 examination was conducted in the hospital. The hospital also issued a death certificate. In support of the contention annexures 2 and 3 which are statements of the victim recorded in the hospital and postmortem report respectively have been annexed. The death summary has also been brought on record. It is further submitted that in no circumstance the case would fall under section 304B of the Indian Penal Code. The petitioner no.1 is nephew of the deceased whereas petitioner no.2 is brother-in-law of the deceased. They live at Saharsa whereas the deceased and her husband were living in Delhi. Taking into consideration the aforesaid submissions, and 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 four 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 learned Chief Judicial Magistrate, Saharsa in connection with Mahishi P.S. Case No.59 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)