IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1309 of 2011 RAMJEE PRASAD, SON OF SHALIGRAM PRASAD Versus THE STATE OF BIHAR ----------- 2 22-02-2011 Heard learned counsel for the petitioner as well as learned counsel for the State. Petitioner seeks his bail in connection with Ghoshi (Okari) P.S. Case No.122 of 2008 registered under Section 304(B)/34 of the I.P.C. Petitioner is husband of the deceased, and admittedly, marriage between petitioner and deceased had taken place in the year 2005, but in the year 2008 deceased was caught in fire, and subsequently, she died in course of her treatment, and thereafter, informant being father of the deceased lodged this case. The contention of learned counsel for the petitioner is that the deceased was caught in fire accidentally while she was making meals, and after the aforesaid accident deceased was immediately taken to hospital by the petitioner and his other family members, but unfortunately she could not be saved and died in course of her treatment. He further submits that when the informant came to know about the real fact, he deposed before the court in connection with Sessions Trial No.31 of 2009 and the informant has specifically stated in the aforesaid deposition that deceased was caught in fire accidentally. Learned counsel for the petitioner also drew my attention towards Annexure-4 to this petition and submits that while granting bail to co-accused Shaligram Prasad this Court vide order dated 6.2.2009 passed in Cr. Misc. No.46146 of 2008 has specifically observed 2 that deceased had not made any statement adverse to any co-accused of this case. It appears from perusal of the above stated order dated 06.02.2009 passed in Cr. Misc. No.46146 of 2008 that this Court passed the aforesaid order after perusing the case diary and in course of investigation witnesses stated that the deceased was caught in fire accidentally. In view of the aforesaid circumstances petitioner, namely, Ramjee Prasad is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of Chief Judicial Magistrate, Jehanabad in Ghoshi (Okari) P.S. Case No.122 of 2008, subject to condition that before releasing the petitioner in the light of this order the learned C.J.M. shall verify the statement of deceased and if the deceased has stated any adverse thing against the petitioner, then in that circumstance, the petitioner shall not be released on bail, but if the deceased has not made any adverse comments against the petitioner or her statement has not been recorded by the I.O. in course of investigation, the petitioner shall be released on bail in the manner as stated. PN ( Hemant Kumar Srivastava,J.)