IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29319 of 2008 BHAGWAN RAI-----------------------------petitioner Versus STATE OF BIHAR--------------------------opp.party ----------- 4. 24.11.2008 Heard learned counsel for the petitioner and the State. The petitioner Bhagwan Rai is the husband of the deceased Bindu Devi, who was married only one and half years prior to the incident, to the petitioner. The prosecution story is that the petitioner was having good relationship for some times with the deceased but the deceased complained of some change in the behaviour of the petitioner and asking for a motorcycle. This fact was communicated by the lady through his brother to her family members including grand father. They also learnt that the petitioner was also to get marry to another lady and thereafter there was intervention by the family members but lastly they learnt that the lady had died and her dead body was cremated. The defence is that the lady had headache and vomiting and had taken to a doctor, namely, Dr. Bidya Bhushan, who treated her but she died and her dead body was cremated after informing her family members. On her 2 father’s side also participated in the cremation but filed false case. I have perused the case diary. Paragraph 7 of the case diary is description of the place of occurrence and that explores the defences theory that the lady was suffering from vomiting and headache. The I.O. of the case found signs of flames inside the room in which the lady was killed and inferred that the lady was killed by being burnt. The family members of the lady like her grand father and brother have supported the allegation as regards participation of the parents and others in the cremation. There is no definite material in the case diary except that the witnesses, who are stated to be hearsay, say that they could not also learn after quite some time that the lady had died and her dead body was cremated. It appears from the statement of the witnesses in paragraph 71 and onwards that the cremation was also performed in a very confidential manner so as to leaking to others. The petition is dismissed. (Dharnidhar Jha,J.) spal/