IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18179 of 2009 DEEPAK SAH SON OF BAIDYANATH SAH RESIDENT OF MOHALLA KANHAULI, MATH, POLICE STATION MITHANPURA,DISTRICT MUZAFFARUR Versus STATE OF BIHAR For the petitioner : Dr.Alok Kumar Alok For the State : Mr.Addl.P.P. ----------- 4/ 24.11.2009 Heard learned counsel for the parties. Though the present case i.e. Mathanpura P.S.case No. 198 of 2008 was initially registered under Section 302/34 of the Indian Penal Code and 3/4 of the Dowry Prohibition Act but after investigation, the case was found under Section 304/34 of the Indian Penal Code and so chargesheet was submitted. The petitioner is husband of the deceased and there is allegation that prior to the occurrence, the victim was being tortured by her in-laws in connection with dowry. The allegation is that in the night of 28th September, 2008, the informant’s daughter Anuradha alias Gudia was beaten to death suspectedly by this petitioner and other accused persons. Submission is that the allegation is not supported in the post mortem report. A case under Section 498(A) of the Indian Penal Code which was lodged earlier was compromised and in that case the petitioner was on bail. The petitioner is in custody since 24.11.2008. The petitioner is husband of the deceased and the death is within seven years of marriage. There is allegation that prior to death, she was being tortured by the petitioner and others. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)