IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16831 of 2010 SHESH NARAYAN MANDAL Versus STATE OF BIHAR ----------- 3 22-07-2010 Heard learned counsel for the petitioner and the State. The petitioner being the husband is languishing in jail since 28-8-2009 in a case registered under sections 498(A)/ 307/34 and 304(B) of the I.P.C. as well as section 3/4 of the D.P. Act. It is alleged that within two years of the marriage the victim was burnt to death. It is submitted on behalf of the learned counsel for the petitioner that there is no specific allegation in the F.I.R with regard to demand or torture though a casual reference to that effect has been made. Hence, on this score alone, the case does not come within the purview of section 304(B) of the I.P.C. It is further submitted by the learned counsel for the petitioner that during investigation in paragraph No. 41 of the case diary it was recorded that it was the petitioner who tried to save victim’s life which shows bona fide of the husband. 2 Learned counsel for the State, however, submits that evidence have come that the victim was burnt to death within two years of the marriage. Considering the fact that the petitioner is the husband and death has taken place within two years of marriage. I am not inclined to grant bail to the petitioner at present. The bail petition of the petitioner is rejected. S.P. (Dinesh Kumar Singh, J)