IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39746 of 2009 DULARCHAND YADAV son of Madheshwar Yadav, resident of village- Chainpur, Police Station- Karpi, District- Arwal….. Petitioner. Versus THE STATE OF BIHAR ----------- 2. 18.11.2009. Heard counsel for the petitioner and counsel for the State. The petitioner who is the husband is facing prosecution for offence under Section 304 B/34 of the Indian Penal Code. From perusal of the order of the court below as also this bail application it would appear that the defence of the petitioner is that his wife, deceased had died a natural death on account of diarrhea. This aspect of the matter however was found to be incorrect in the post-mortem report wherein after examination of viscera, the report of expert of Forensic Science Laboratory was that the deceased had died due to poison by using a grain preservative which was highly poisonous. There is nothing on record to disbelieve the opinion of the expert and consequently the petitioner, husband would definitely be liable for being prosecuted for offence under Sections 304 B of the Indian Penal Code specially when there 2 is a categorical averment in the first information report as with regard to demand of dowry and the daughter of the informant being tortured for that very reason. Considering the aforementioned aspects, this court would not be inclined to grant bail to the petitioner and consequently, the prayer for bail of the petitioner is rejected with a direction to the court below to expedite the trial. kanchan (Mihir Kumar Jha, J.)