IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26028 of 2009 AJAY SAH @ PAPPU SAH, son of Sri Motilal Sah, Resident of Village-Bakhara, P.S. Saraiya, District- Muzaffarpur. Versus STATE OF BIHAR ----------- 3 26/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner, husband faces prosecution for the offence under section 304 B of the Indian Penal Code. Mr. Ajoy Kumar Thakur, learned counsel for the petitioner would submit that it is open and shut case of suicide committed by the deceased, inasmuch as, her dead body was found in a LICHI garden and the postmortem report also shows the death to be caused on account of hanging. This Court would however find that the marriage was only eight months old and the witnesses have also supported the part of the version of the informant that even prior to the deceased dying either her natural death or suicide, she was being constantly tortured by the petitioner and her family members. There is a greater responsibility of the husband towards newly married wife, who walks from her own family to a new family and it is primarily his duty to make her feel comfortable in his family, but if the husband himself would become a cause which may even compel the lady to commit suicide that probably will not altogether absolve such a husband from the offence under section 304 B of the Indian Penal Code specially when the F.I.R. also containing the allegation of demand of dowry by the husband petitioner and his family members. 2 Under these circumstances, this Court is not inclined to grant bail to the petitioner, but then as the petitioner is in custody for a period of almost eight months, this Court would direct the trial court to ensure that the trial of the petitioner is taken up and concluded within a period of next nine months from the date of receipt/production of a copy of this order. If trial of the petitioner is not concluded within the aforementioned period the petitioner will have liberty to initially move the trial court which will then record reasons for not concluding the trial and only thereafter the petitioner may renew his prayer for bail before this Court. (Mihir Kumar Jha, J.) Abhay Kumar