IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19744 of 2009 DHANWANT KUMAR S/O-Suresh Prasad, R/O-Vill-Saidpur, P.S.-Nagarnausa, Distt.-Nalanda. …………………………………………..Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 07.08.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offences under Sections 304(B)/34 of the Indian Penal Code regarding death of the petitioner’s wife. The informant has alleged that he has married his daughter more than six years earlier. Out of the wedlock two issues were born. Allegation is that the informant’s daughter was being tortured by all her in-laws in connection with dowry related demand. The matter was pacified some times but ultimately the informant received information by villager of the petitioner that his daughter has dead. The informant suspected that it was not a death rather her daughter was killed by her in- laws. Submission is that in course of 2 investigation of the place of occurrence, the I.O. has found a rope which was tied upon the guava tree. It may be a suicidal death and to put pressure upon the petitioner and his family members the case was lodged. Allegation is identical and other two accused persons have been granted bail. The petitioner’s family was quite happy which is apparent from the fact that out of wedlock two issues were born. There was no occasion to raise any demand. It appears that prior to death the victim was being subjected to torture in connection with demand of dowry by all her in-laws including the petitioner. So far as allegation under Section 304B is concerned role of the petitioner/husband cannot be equated with others. Considering this, I am not inclined to grant bail to the above named petitioner. Accordingly, his prayer for bail is rejected. kksinha/ (Shyam Kishore Sharma, J.)