IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3634 of 2009 BABLOO YADAV S/O SRI SUBHASH PRASAD @ SUBHASH YADAV, R/O VILLAGE- NAYA TOLA KUMHRAR, P.S.- AGAM KUAN, DISTRICT- PATNA Versus STATE OF BIHAR ----------- 3 16/04/2009 Heard learned counsel for the petitioner and State. The petitioner is an accused of a case which has been registered under sections 304 B and some other sections of the Indian Penal Code. On 3.4.2008 case under section 307, 498 A of the Indian Penal Code was registered on the fard beyan of the father of injured. The informant received information that his daughter has been brunt then he rushed to the house of this petitioner where he found is daughter in burnt condition and he was restrained by the petitioner and his mother in helping the injured. Within few days of the burning she died and the case was converted under section 304 B of the Indian Penal Code. Submission is that there is no specific allegation against the petitioner. There is specific allegation against the mother of the petitioner regarding demand who has been admitted to bail. The informant in his later statement has not alleged anything against any of the accused. The injured was not in serious condition but her statement was not recorded by the police which goes to show that the case was not properly investigated. The petitioner is in custody since one year. The petitioner is the husband of the injured/deceased. - 2 - No doubt mother of the petitioner has been admitted to bail but the case of the husband considering the relation towards his wife cannot be equated with the case of others in a case under section 304 B of the Indian Penal Code. Considering the allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. avin (Shyam Kishore Sharma, J.)