IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17741 of 2009 PAWAN SHARMA SON OF LATE SUBHASH CHANDRA SHARMA, RESIDENT OF VILLAGE MATHURAPUR BARHAI TOLA, P.S. WARIS NAGER ( MATHURAPUR O.P.), DISTRICT SAMASTIPUR. Versus THE STATE OF BIHAR ----------- 2/ 31-08-2009 Heard learned counsel for the petitioner and the learned A.P.P. for the State. Petitioner is husband who has been made an accused in Waris Nagar ( Mathurapur O.P.) P.S.Case No. 121 of 2008, which is under section 304(B) of the Indian Penal Code. Informant is the father of the deceased. It is stated that the marriage was solemnized in the year 2004. It is also stated that the informant came to know that his daughter was missing from the night of 4th August, 2008. He inquired into the matter and later on he learnt that the dead body of his daughter was found in a well. He alleges that the petitioner always used to torture due to demand of dowry and that is the background on which the death has been caused to deceased, Sadhana Devi. From the evidence it has come that the present petitioner and the deceased had fought at night but nobody has seen as to what happened thereafter. On the next day the dead body of the deceased was fetched out from the well. The postmortem report shows that the death was caused by drowning . There is no evidence to show any - 2 - foul play on behalf of the petitioner and/or any of the family members. It is, therefore, contended that death was caused due to drowning in the well but it cannot be said that the death was under unexplained circumstances and there is allegation of torture due to dowry demand. It is a case at the best of suspicion but there is no clinching evidence against the petitioner at this stage and, therefore, the petitioner should be enlarged on bail. It is further submitted that the petitioner has himself surrendered in the matter after institution of the case and has been in custody since January, 2009. Taking into consideration the above submission, let the petitioner, namely, Pawan Sharma, be enlarged on bail on furnishing bail bond of Rs. 10,000/- ( Rs. Ten thousand ) with two sureties of the like amount each to the satisfaction Chief Judicial Magistrate, Samastipur in Waris Nager ( Mathurapur O.P.) P.S.Case No.121 of 2008. The sureties should be executed by a closed family member of the petitioner who shall cooperate in the trial. BTiwary/ ( Ajay Kumar Tripathi, J )