IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36615 of 2010 DASAI PURVEY Versus STATE OF BIHAR ----------- 03. 18.05.2011 Heard learned counsel for the petitioner and the state. Torture for demand of dowry soon before the death within seven years of the marriage is the allegation. Submission of the learned counsel for petitioner is about non-presence of this petitioner in the village and death due to diarrhoea. Certainly witnesses are not constant on the point of death, some of them are stating about suicide, by diarrhoea and witnesses from informant’s village about killing. One of the witnesses as recorded in Para-10 states about non-presence of the petitioner in the village. Torture for demand of dowry soon before the death is corroborated by several witnesses followed by killing by this petitioner also though not by the eye witnesses, but in cases of dowry death presumption plays vital role. Defence on the point of suffering of the deceased from diarrhoea or presence of this petitioner in Delhi on the relevant date is not found true after verification by the Investigation Officer. Accordingly, petitioner’s prayer for anticipatory bail stands rejected. However, petitioner is at liberty to surrender in the court below and pray for regular bail. Vikash ( Mandhata Singh, J.)