IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12569 of 2010 SANJAY BIND Versus STATE OF BIHAR ----------- 03. 25.05.2010. Heard the learned counsel, Sri Nasrul Hoda on behalf of the petitioner, Sanjay Bind who is in custody since 09.11.2009 in Kotwali (Basudeopur) P.S. Case No.403 of 2009 under Section 304 B/34 I.P.C. and ¾ Dowry Prohibition Act. Heard the learned A.P.P. also. According to the prosecution case, the sister of the informant, namely, Lalita Devi since deceased was being subject to cruelty in connection with demand of dowry of motor-cycle prior to the occurrence and thereafter the accused persons including this petitioner who is husband have killed her. The learned counsel for the petitioner submitted that from the post-mortem report, it is not apparent that this petitioner and co-accused persons have killed her. According to the learned counsel, in fact the deceased was suffering from mental deceased, i.e., Eclipse and she was being treated by this petitioner and on the date of occurrence, she felled down and got injured as a result of which she died. The learned counsel further relied upon the medical treatments for which the Annexures 1 & 2 annexed to the bail application. On the other hand, the learned A.P.P. objected the prayer for bail. 2 It appears that prior to this occurrence also 498 (A) case was instituted by the deceased against the petitioner and co-accused persons. It further appears that in that case after compromise, the deceased was taken by the accused persons. Considering the above facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly the prayer for bail is rejected. Sanjeev/- (Mungeshwar Sahoo, J.)