IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28899 of 2011 Manoj Kumar Mandal son of Shiv Narain Mandal, resident of village- Atlakha (Belhi) P.S.-Tribeniganj, District- Suapul …Petitioner Versus The State Of Bihar …OP ---------------------------------- 3/ 21.12.2011 Heard learned counsel for the petitioner, informant and the State. The petitioner seeks bail in a case instituted for the offence under sections 302/34 of the Indian Penal Code. Prosecution case is that sister of the informant was married to the petitioner eight years ago and there was some matrimonial dispute between the spouses. On the date of occurrence, he heard about the death of his sister and had reached her house and saw the house locked from outside and she was found dead in burnt condition inside. Allegation against the petitioner is that on account of matrimonial dispute the petitioner and his family members had done his sister to death. It has been submitted on behalf of the petitioner that it is not a case under section 304-B Indian Penal Code which would entitle the prosecution to raise presumption against the in-laws of the deceased and there is no direct material against the petitioner with regard to section302 Indian Penal Code. However, considering that the petitioner is the husband and is not in a position to explain as to how his wife died, I am not inclined to grant bail to petitioner at this stage. Prayer for bail is rejected. However, the petitioner may renew his prayer for bail 2 after framing of charge provided his case is not bifurcated for the purpose of same. JA/- (Anjana Prakash,J.)