IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52156 of 2008 MANOJ SINGH son of Aditya Singh Resident of village Parsawa,P.S.Ramgarh Chowk (Halsi),Distt.Lakhisarai Versus STATE OF BIHAR ----------- 3/ 27.3.2009 Heard learned counsel for the petitioner and the State., The petitioner is an accused of a case which has been registered under sections 498(A and 304(B)/34 of the Indian Penal Code. The informant’s sister Rani Devi was married with the petitioner. Allegation is that she was being subjected to torture on account of her failure to bring desired article by way of additional dowry namely, Hero Honda. She was burnt by the in-laws including the petitioner. She was brought for treatment up to Appolo Burns Hospital, Patna where in course of treatment she died. Submission is that the victim was not in a position to speak any thing. This fact is also corroborated in the further statement of the informant. The informant has not registered any case prior to the death of the deceased. The informant named the petitioner and others as the persons who were responsible for causing death. The marriage was solemnized nine years ago. She was issueless. When the informant knew that his sister has been burnt, he did not lodge any case and only after her death, the present first information report has been registered and there is no explanation as to why the case was not registered earlier. Further submission is that the similarly situated co-accused who are father-in-law and mother-in-law have been granted bail by - 2 - different orders of this Court Vide Annexures 4 and 5. The case of the petitioner who is husband of the deceased cannot be equated with other accused persons so far as offence under Section 304(B) of the Indian Penal Code is concerned. The deceased prior to her death told her father that she was burnt by the petitioner also. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. . Md.S. (Shyam Kishore Sharma,J.)