IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52200 of 2008 MIRTUNJAY KUMAR S/O-Mohan Prasad Sahani @ Mohan Sahani, R/O-Vill-Brahampura, Ward No.-4, P.S.- Brahampura, Distt.-Muzaffarpur. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 04.05.2009 Heard learned Counsel for the petitioner and learned Counsel appearing on behalf of the State. The petitioner seeks bail in a case which has been registered under Sections 304B/34 of the Indian Penal Code. The informant’s daughter was being subjected to torture by her in-laws in connection with dowry related demands. She was allegedly burnt and was brought to Medical College Hospital, Muzaffarpur and she hinted her parents that she has been burnt by her in-laws. Later on, she was brought to Patna where she died. Submission is that the petitioner and their family had tried their best to save her life but the accidental fire was very serious so she 2 could not survive. The petitioner is husband and his role cannot be equated with others in a case like 304B of the Indian Penal Code. Prior to her death the victim has hinted that she has been burnt by her in-laws. Considering this, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail after examination of the informant as a witness. kksinha/ (Shyam Kishore Sharma, J.)