IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42814 of 2009 VINAY SAH, son of Nanhe Sah, resident of village Charpokhari, P.S. Charpokhari, District Bhojpur Versus STATE OF BIHAR ----------- 2. 16.12.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner, husband, facing prosecution for offence u/ss 304B/498A/34 of the Indian Penal Code has his defence that even the police did not find the case to be true under the aforementioned sections, rather the charge sheet has been submitted u/s 306 I.P.C. and the role of the petitioner is confined to have created the situation in which the deceased wife had to commit suicide. This Court has gone through the part of the case diary which was produced by the counsel for the petitioner himself and from that it would appear that the deceased while she was being treated at Patna in Sri Ram Nursing Home had revealed to her brother informant that it was not a case of suicide, rather she was subjected to fire by the petitioner and her family members. This Court is not aware as to how the effect of 2 such statement which could have been also treated to be a dying declaration has been minimized by the police in course of investigation so as to treat this case to be one u/s 306 I.P.C., but even otherwise considering the nature of allegation as also the complicity of the petitioner in capacity of her husband, this Court is not inclined to grant bail to the petitioner and his prayer for bail is rejected with a direction to the court below to expedite the trial of the petitioner. (Mihir Kumar Jha,J.) Surendra/