IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13877 of 2009 BHARAT BHAGAT Versus STATE OF BIHAR WITH Cr.Misc. No.16429 of 2009 MAHESH BHAGAT Versus STATE OF BIHAR ----------- 3 17.07.2009 Both the matters arise out of the same incident giving rise to the Saraiya P.S. case no. 74 of 2008 instituted under diverse sections of Indian Penal Code including 304B IPC. These matters, therefore, have been heard together. The present order shall cover both the case. Petitioner in Cr. Misc. no. 16429 of 2009 is the husband of the deceased. Petitioner in Cr. Misc. No. 13877 of 2009, although named in the F.I.R. (as one of the inmates of the family) is a person who appears to be distantly related to the family of the husband of the victim. It is his assertion that he resides in a different house located one kilometer away from the matrimonial house of the deceased. As per the F.I.R., the marriage of the victim (daughter of the informant) was solemnized five years ago. The sasural people was not satisfied with the dowry given to her by the father (informant). Therefore, there was consistent demand and on failure to satisfy, she was tortured leading to talks of settlement on two previous occasions. The lady was done to death in the matrimonial home and the body was disposed of. No body was 2 informed. Learned counsel submits that so far Bharat Bhagat is concerned, he is not directly related to the husband of the victim. It is contended that, of course, in course of investigation, it has been found that the house where victim was done to death was deserted by all the family inmates of the house but considering the fact that he resides at a different place/house, the same cannot be treated as an incriminating circumstance against him. It is contended that he is in custody since 17.10.2008. In the circumstances, this court is inclined to admit him to bail. Let petitioner namely Bharat Bhagat (Cr. Misc. No. 13877 of 2009) 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 Sub-divisional Judicial Magistrate, Muzaffarpur, West in connection with Saraiya P.S. case no. 74 of 2008subject to the condition that one of the bailers will be own/close family member of the petitioner. So far petitioner Mahesh Bhagat is concerned, he is the husband. The presumption as well as the circumstances collected in course of investigation do not justify his release. It is contended that he is in custody since 6.12.2008. In the circumstances, this court is not inclined to admit him to bail. His prayer for bail stands rejected. This court, however, observes that if the trial of the 3 case is not taken up within 10 months from the date of receipt/communication of this order, he shall have liberty to renew his prayer for bail. pkj ( Kishore K. Mandal, J. )