IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.16123 OF 2011 ANAND KUMAR @ ANAND KUMAR SHRIVASTAVA @ NEERAJ SON OF JEEWACHH PRASAD, R/O VILL- SIKANDARPUR, P.S.MUZAFFARPUR TOWN, DISTRICT- MUZAFFARPUR VERSUS THE STATE OF BIHAR ---------------------------------- 3 04/08/2011 Heard Mr. Chandra Mohan Jha, learned counsel for the petitioner and learned APP for the State. The petitioner is accused of a case registered under Section 304 B of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. Priyanka Kumari was married two years prior to the occurrence with the petitioner and out of that wedlock a girl was born. The informant alleged that his daughter Priyanka was being tortured by her inlaws in connection with demand of motorcycle and cash as additional dowry. When the demand was not fulfilled then she was burnt to death. The post mortem report has been annexed with the record which shows that Priyanka was having 90% burn injury. Submission is that there were no ante- mortem injury from which any inference could be drawn that she was illtreated in any manner. She was given proper treatment after she burnt herself. 2 Death is within 7 years of marriage and there is allegation that prior to the occurrence the deceased was being tortured by her husband and inlaws in connection with demand of dowry. In a prosecution of 304 B IPC case of the husband always remains on different footing and he cannot escape from his liability towards his wife. Accordingly, prayer for bail of the petitioner is rejected. avin (Shyam Kishore Sharma, J.)