IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34148 of 2008 BINDESHWAR PANDIT @ BINDE PANDIT Versus STATE OF BIHAR ----------- 02- 27.8.2008 Heard Mr. K M Mishra for the petitioner, and Mr. Parmeshwar Mehta, learned APP. The sole petitioner seeks bail in Madhepur (R.S.Shibir) PS Case No.140/07, GR No.579/07 registered under Section 304B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the deceased was his wife and was helping him in improving the roof of the house. She fell down and died. He next submits that it is not a case of dowry death, and he is in custody since 2.11.2007. He has also placed on record his supplementary affidavit in an effort to satisfy this Court that a co-accused has been granted bail by this Court. 2. Learned APP opposes the application for bail. He submits that the allegations in the F.I.R. clearly show that she died on account of the tortures committed by the petitioner for not meeting the demand of dowry to the extent of Rs.50,000/-. He also submits that the post mortem report is consistent with the prosecution case, and completely disproves the case set up by the defence inasmuch as a fall from that height will surely result in fracture of the bones which the post mortem does not disclose. Learned APP also submits that the petitioner did not inform his sasural people about the death of the deceased. He further submits that the petitioner was admittedly the husband of the deceased and the allegation in the FIR is that his torture had primarily resulted in the death of his wife, an allegation - 2 - clearly established in the course of investigation leading to charge- sheet. 3. On a perusal of the materials on record and consideration of the submissions of learned counsel for the parties, I am not inclined to grant bail to the petitioner. The application is accordingly rejected. ( S K Katriar ) mrl