IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6108 of 2009 TUNA DAS S/O-Butan Das, R/O-Vill-Nazirpur, P.S.-Ujiarpur, Distt.-Samastipur. …………………………………………..Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 03.08.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offences under Sections 304B/34 of the Indian Penal Code. The petitioner is husband of the deceased. The marriage was performed five years earlier. Allegation is that the petitioner and other in-laws of the deceased were torturing in connection with demand of additional dowry. The informant suspected that because of inability to procure the desired dowry article she was killed. Submission is that the petitioner’s wife was unwell for which she was properly 2 treated. After the death, the inquest was prepared by the I.O. which mentions that there were several marks over the person of the deceased. The reason of death is asphyxia. The death is within seven years of the marriage. The deceased was being subjected to torture in connection with demand of additional dowry. No doubt, some other persons have been granted bail but the case of husband cannot be equated with others. His duty towards his wife is of paramount importance. Considering the facts and circumstances of the case, I am not inclined to grant bail to the above named petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail in the court below after examination of the informant. kksinha/ (Shyam Kishore Sharma, J.)