IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12357 of 2010 BIKAU PASWAN son of Sukhdeo Paswan resident of Mauwahi, P.S. Bubarhi, Dist. Madhubani….Petitioner Versus STATE OF BIHAR OPP. P. ----------- For the petitoner : Mr. Md. Saban Asghar, Advocate For the State : Mr. Syed Ashefaque Ahmad, A.P.P. ---------- 2 12.5.2010 Heard the parties. In a criminal prosecution for offence under section 498 A of the Indian penal Code the petitioner is husband of the complainant. In the complaint petition there is allegation of demand of dowry and torture against the petitioner. Learned counsel appearing on behalf of the petitioner has denied the allegation made in the complaint petition and has submitted that the complainant is now dead, therefore, in view of the provision contained under section 256 Cr.P.C. he would be acquitted by the learned trial court. Learned counsel for the State submits that even if there has been death of the complainant the accused persons cannot be automatically acquitted for the charge but it all depends upon the facts of particular case. Be that as it may, in the facts and circumstances of the case, in the event of arrest or surrender in the court below, within a - 2 - period of four weeks from today, the above named petitioner shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of S.D.J.M, Jhanjharpur in connection with C.R. No. 529 of 2001 T.R. No. 534 of 2009, subject to the conditions laid down under section 438(2) Cr.P.C. ( Birendra Prasad Verma, J. ) M.Rahman