IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41102 of 2009 ANAND KUMAR son of Babu Chandra Ram Paswan Resident of village Chapouar, Police Station Masaurhi, District Patna. Versus STATE OF BIHAR ----------- 2 30/11/2009 Heard counsel for the petitioner and counsel for the State. The petitioner faces prosecution for the offence under sections 328/302/498A/34 of the Indian Penal Code. Counsel for the petitioner would submit that the petitioner being husband has unnecessarily been framed in this open and shut case of suicide by his wife. He would further submit that the petitioner in fact had made best of his effort to save life of his deceased wife but she had ultimately died on account of consuming poison as would appear from the fact that she had also given poison to her daughter, who however could be saved after being treated in Patna Medical College and Hospital. This Court would find that even if other part of the allegation made in the First Information Report is ignored for the present this much remains an admitted fact that the alleged suicide as claimed by the petitioner, was actually committed by his wife, deceased, due to her mental and physical stress and frustration on account of the 2 petitioner marrying another lady in presence of his spouse (the deceased) who had already two daughters from the deceased. The materials, therefore, brought in the case diary that only after second marriage of the petitioner the deceased had frequent quarrel with him which resulted into physical and mental torture on her would not leave the matter a plain and simple case of suicide of the deceased on her own volition. No Hindu male spouse is supposed to marry another lady during the subsistence of his first marriage and in the life time of his first wife and therefore this Court would find that the petitioner some how has been responsible for the death of his wife who in fact is said to have become so desperate so as to have given poison to her minor daughter. That being so, this Court is not inclined to grant bail to the petitioner and accordingly his prayer for bail is rejected with a direction to the court below to expedite trial of the petitioner. Abhay Kumar (Mihir Kumar Jha, J.)