IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS NO.7137 OF 2011 1. SHANKAR GUPTA SON OF INDRASHAN GUPTA 2. JANKI DEVI WIFE OF SHANKAR GUPTA BOTH R/O CHUGARI, P.S.-VIJAYIPUR, DISTRICT- GOPALGANJ VERSUS THE STATE OF BIHAR ---------------------------------- WITH CRIMINAL MISCELLANEOUS NO.8110 OF 2011 KAMLESH GUPTA SON OF SHANKAR GUPTA R/O CHUGARI, P.S.-VIJAYIPUR, DISTRICT- GOPALGANJ VERSUS THE STATE OF BIHAR ---------------------------------- 3 04/08/2011 Heard Mr. Nityanand Mishra, learned counsel for the petitioners and learned APP for the State. Above noted both the applications arising out of one occurrence i.e. Vijayipur P.S. Case No. 58 of 2010 have been heard together and are being disposed of by this common order. The petitioners seek bail in a case registered under Sections 304B, 201/34 of the Indian Penal Code. Informant Mosamat Shanti Devi married her daughter 5 years prior to the occurrence with the petitioner Kamlesh Gupta. Within five years of her marriage she was burnt to death by her inlaws and her dead body was disposed of. The allegation is that the deceased was being subjected to torture and 2 cruelty in connection with dowry related demand. Submission is that there is general and vague allegation and no specific allegation has been made against any of the accused. Husband of the deceased is in custody since 19.8.2010. Petitioner of Cr. Misc. No. 8110 of 2011 is the husband and in a prosecution of section 304 B IPC case of the husband always remains on different footing from the case of others. The husband is not only expected to take proper care of his wife but he also required to see that his wife is not tortured by others. So the case of the husband cannot be equated with others in such offence. Accordingly, prayer for bail of petitioner Kamlesh Gupta in Cr. Misc. No. 8110 of 2011 is rejected. So far as petitioners of Cr. Misc. No. 7137 of 2011 above named are concerned, they are directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 3rd Additional Sessions Judge/concerned Court, Gopalganj in connection with Vijayipur P.S. Case No. 58of 2010 and G.R. No. 2140 of 2010. avin (Shyam Kishore Sharma, J.)