IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34979 of 2010 SANTOSH YADAV son of Awadhesh Yadav, Resident of village-Baisa, P.S.-Parbatta(Maraiya) District-Khagaria. Versus THE STATE OF BIHAR ----------- 3. 24.2.2011. Heard Mr. Sanjay Kumar Sinha, learned counsel for the petitioner, Mr. Choudhary Shyam Nandan, learned counsel for the informant and Mr. B.M.P.Sinha, learned Additional Public Prosecutor. The petitioner, who is in custody in connection with Parbatta (Maraiya) P.S. Case No.147 of 2009 for the offence under sections 304B and 201/34 of the Indian Penal Code, has prayed for grant of bail. Learned counsel for the petitioner submits that the petitioner is younger brother of the husband of the so called deceased. It was submitted that since the husband of the petitioner has already been granted bail , the petitioner may also be extended the same privilege. It was further submitted that during investigation it has come that on earlier occasion also the victim had left the house of in laws and went to her parents house. On the aforesaid ground it has been prayed that the petitioner may be enlarged on bail. Mr. Chaudhary, learned counsel for the informant strongly opposed the prayer for bail of the petitioner. It was submitted that the case of the husband of the deceased is entirely on different footing. It was submitted that the husband of the deceased went to Delhi to earn livelihood which has been admitted in the first 2 information report and prior to the occurrence it was alleged that this petitioner and her mother had demanded dowry and this petitioner had brought the deceased from her in-laws house. It was further submitted that the marriage had taken place only in the year 2009 and within a short period of marriage the victim had been done to death and onus lies on the accused persons to prove their innocence. Learned Additional Public Prosecutor has also opposed the prayer for bail of the petitioner. In view of nature of allegation, prayer for bail of the petitioner stands rejected. Md.S. ( Rakesh Kumar, J.)