IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27150 of 2008 MD. NASIM Versus STATE OF BIHAR ----------- 3. 23.9.2008 Heard. The case is under Section 304B, initially it was under Section 498A IPC. The petitioner is the husband. The lady alleged that for not fulfilling a demand of Rs.4,000/- she was set at fire and threats and torture proceeded the incident. The contention is that in fact the lady caught fire accidentally while cooking and was brought to Daudnagar hospital where the petitioner gave his statement regarding the cause of the lady being burnt and that is Annexure-2. Subsequently, the lady was shifted to P.M.C.H. and she gave her statement, as per the contention, on account of being tutored by her parents. It was contended that after nine years of marriage and after giving birth to three children, it does not appear probable that a meager amount of Rs.4,000/- shall be demanded and for that the lady could be killed. The contention is further that the mother of the lady has given altogether a different statement. - 2 - The further contention was that paragraph 20 of the case diary indicated that the I.O. visited the lady for recording her further statement but she was not found in a health of such fitness as to making the statement. Be that as it may, the lady has given the statement against the petitioner who happened to be her husband as also the father to her three children. It is not known to this court as to under what circumstances Annexure-2 was recorded. But, considering that the statement comes from the wife, I am not, for the present, inclined to direct the release of the above named petitioner on bail. Petition is dismissed. He may renew his prayer for bail if the trial is not concluded within a period of nine months from the date of receipt/production of the present order. B.Kr. ( Dharnidhar Jha, J. )