IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32924 of 2009 Mujmil Hussain @ Mojammil Hussain, Son of Ummat Ali, Resident of Village-Jonhi, Police Station-Bikramganj, District-Rohtas at Sasaram. -------- Petitioner Versus The State of Bihar -------- Opposite Party ----------- 3 13.10.2009 Heard counsel for the petitioner and counsel for the State as also counsel for the informant. In a case alleged to be under Section 304B/498A of the Indian Penal Code even if technically the allegation on account of completion of seven years of marriage would not be made out, the petitioner, husband cannot escape from his liability specially when it is found that all efforts were made by the family members of the petitioner to suppress the fact of death of his wife, the daughter of the informant. It has come on record that the dead body was sought to be buried even without informing the family members of the deceased including the informant, father of the deceased. It would further appear that it is only when the father of the deceased on getting telephonic information as with regard to doing away the 2 life of his daughter in the last night had made the police roll into action and the police, thereafter, had exhumed the dead body and got the postmortem conducted which has all those attributes to at least substantiate the allegation of burning of the deceased. The plea in defence of the petitioner that such burning was on account of sudden bursting of the gas cylinder can very well be gone into at the time of the trial of the case. Under such circumstances, this Court is not inclined to grant bail to the petitioner, namely, Mujmil Hussain @ Mojammil Hussain. The prayer for bail of the petitioner is accordingly rejected with a direction to the trial court to expedite the trial recording the assurance of learned counsel for the informant that there would be no delay at least on the part of the witnesses to be produced by the informant in course of trial so that the trial is concluded within a period of one year from the date of receipt/production of a copy of this order. Rsh (Mihir Kumar Jha, J.)