IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44887 of 2010 GUDDU KUMAR CHOUDHARY, SON OF LATE SIGASAN CHOUDHARY Versus THE STATE OF BIHAR ----------- 02 28.01.2011 Heard learned counsel for the petitioner as well as learned Public Prosecutor for the State. Petitioner seeks his bail in connection with Sanjhauli P.S. Case No. 51 of 2010 registered under Section 304(B) of the Indian Penal Code and ¾ of the Dowry Prohibition Act. Petitioner is husband of the deceased and admittedly, the marriage of petitioner was solemnized on 12.05.2009. It is stated that when the deceased came to her in- laws house, she learnt that her husband had illicit relationship with the wife of one Bengali Choudhary. The deceased made protest but she was assaulted by the petitioner. Subsequently, it is stated that petitioner and other accused demanded Rs. 50,000/- and one motorcycle. The aforesaid demand was made to start a business. The contention of learned counsel for the petitioner is that the facts, as narrated in the First Information Report that is complaint petition, does not constitute the offence under Section 304(B) of the Indian Penal Code because the aforesaid demand is not connected with the marriage. He further submits that the informant came to know about the alleged occurrence took place on 25.05.2010 but he filed a complaint case on 01.06.2010 and no explanation of the aforesaid delay has been given. He further submits that, as a matter of fact, informant participated in last ritual of the deceased but subsequently, with some ulterior motive, he filed a complaint case, which was converted into the above stated Police case. Considering the aforesaid facts and circumstances as well as submissions of the parties above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Bikramganj, Rohtas in connection with above stated Sanjhauli P.S. Case No. 51 of 2010. Shahzad (Hemant Kumar Srivastava, J )