IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17536 of 2008 SUJEET JAISHWAL Versus THE STATE OF BIHAR ----------- 4. 24.6.2008 Heard. This is a case under section 304B of the Indian Penal Code and petitioner is the husband of the deceased. The allegation is that the petitioner was demanding a motor-cycle and a gold chain and not getting the same was ill-treating and torturing the lady and ultimately, the petitioner and other accused persons throttled her to death and picked up the dead body and in order to create an evidence of commiting suicide by the lady, hanged the deadbody from the ceiling fan. I was extensively taken through the case diary and it is indicated that the relationship of the lady not being cordial at the initial stage of her entry into the family, resulted into the petitioner and the lady separating from the parents of the husband and some of the witnesses have very clearly stated this. It has also been stated that the relationship of the husband and the wife also worsened and the description of the place of occurrence in para-7 indicates that on arrival, the police with the help of the neighbours, broke open the doors of the room and found that a chair was put on the bed and the dead body was found hanging from the ceiling fan. The photograph of the scene was obtained. The police diary also reveals that finding the lady had committed suicide, the police was informed telephonically as well the parents of the deceased. - 2 - The contention is that the manner of occurrence as alleged and the reasons for it do not go hand in hand with the material in the case diary and the finding given by the police officer. Regard being had to the facts of the case, allegation and finding recorded by the investigating officer as also the statement of the witnesses, let petitioner namely Sujeet Jaishwal be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. case no.160 of 2007. sudip ( Dharnidhar Jha, J )