IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9269 of 2010 MANOJ KUMAR Versus THE STATE OF BIHAR ----------- 03. 24.05.2010. Heard the learned counsel, Sri Surendra Kumar Singh on behalf of the petitioner and heard the learned A.P.P. also Petitioner, Manoj Kumar is in custody since 01.12.2009 in Dhanarua (Patna) P.S. Case No.233 of 2009 under Section 498 (A)/306/34 I.P.C. The informant, Devendra Prasad, lodged F.I.R. alleging that his daughter Renu Kumari was married with this petitioner 7 years ago. After marriage, she was being subjected to cruelty in relation to demand of dowry of Rs.15,000/- and a motor-cycle and subsequently the petitioner along with father-in-law, mother-in-law and Gotni killed the deceased on 21.07.2009. The learned counsel for the petitioner submitted that the co-accused persons have already been granted anticipatory bail by this Court in Cr. Misc. No.44580 of 2009. The learned counsel further submitted that this is not a case under Section 304 (B) and, therefore, after investigation, police found the case under Section 306 I.P.C. and charge-sheet have been submitted under Section 306 although originally it was registered under Section 304 (B) I.P.C. On the other hand, the learned A.P.P. objected the prayer for bail and submitted that allegation against this petitioner is that the deceased was being subjected to cruelty in connection with demand of dowry of Rs.15,000/- and motor-cycle. 2 From perusal of the case diary, it appears that the informant in his re-statement at paragraph 3 has supported the case that the petitioner with co-accused persons have killed the daughter. It appears that prior to disposal of the dead body, the informant was not informed. It also appears that although she died an unnatural death, police was also not informed. The petitioner is the husband as such his case is distinguishable from other co-accused. Considering the above facts and circumstances of the case, I am not inclined to grant bail to the petitioner and accordingly the prayer for bail is rejected. Sanjeev/- (Mungeshwar Sahoo, J.)