IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38813 of 2009 Mohan Mandal, Son of Angad Mandal, Resident of Village Singhaso, Police Station Bisfi, District Madhubani. ---------- Petitioner Versus The State of Bihar -------- Opp. Party ----------- 2 16.11.2009 Heard counsel for the petitioner and counsel for the State. The prayer for bail of the petitioner, husband for an offence under Section 304(B)201/34 of the Indian Penal Code is based on a ground that the deceased, his wife, had died a natural death whose life, despite of his best of efforts by way of her treatment at Darbhanga Medical College & Hospital (hereinafter to be referred to as ‘D.M.C.H.’) could not be saved. This Court on perusal of the First Information Report as also the detailed impugned order is of the considered opinion that even if the entire story woven by the defence is accepted for the present for the purposes of bail, the husband, petitioner cannot absolve himself specially when no information as with regard to either the deceased being admitted in the D.M.C.H. or after her alleged death in D.M.C.H. but before her cremation, was given to the family members of the informant. The informant was stationed at Delhi and he having learnt 2 about the death of the deceased had rushed and had found that the dead body was in fact made to disappear by cremating it without informing any of the family members of the informant. There is also allegation of repeated demand of dowry and the death had taken place within three years of the marriage and therefore, when there are surrounding circumstances to show that the prosecution case at least against the petitioner, the husband, is not false, this Court would not be in a position to grant bail to the petitioner who is the husband and thus the main accused for an offence u/s 304B I.P.C. The prayer of the counsel for the petitioner that this Court should peruse the entire case diary before disposing of this case infact would only amount to wasteful exercise inasmuch as there are sufficient materials on record including those in the impugned order which show direct complicity and involvement of the petitioner in the offence alleged against him. That being so, the prayer for bail of the petitioner is rejected with a direction to the trial court to expedite the trial. Rsh (Mihir Kumar Jha, J.)