IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16677 of 2008 UPENDRA MAHTO Versus THE STATE OF BIHAR ----------- 2/ 19.5.2008 Heard. The case is under sections 304B etc. of the IPC and the informant of Sare P.S. Case No. 2 of 2007 states that the deceased, her daughter, pointed out to her that she had herself swallowed poison upon which she was taken to the hospital and was treated there and during the course of treatment the deceased narrated to the informant - mother that she was ill treated and tortured for bringing some money by way of additional dowry. The father of the deceased presented complaint petition no. 809C of 2007 and according to the story narrated in the complaint petition, there was systematic and repeated acts of torture meted out to the deceased at the hands of the accused persons while the deceased was residing in her husband’s house. There is no story in the complaint petition of the deceased being taken to Surat so as to reside with the husband which is the basic prosecution story in the FIR. There does appear variance in the two stories. It appears that the deceased took poison for the reasons best known to her and the petitioner who is the father in law of the deceased, shifted her to hospital where she succumbed to poisoning. Regard being had to the above facts and - 2 - circumstances, let petitioner Upendra Mahto be released on bail on furnishing bail bond of Rs.10000/(ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Nalanda at Biharsharif in Sare P.S. Case No. 2 of 2007. Anil/ (Dharnidhar Jha, J)