IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43561 of 2009 PUNIT DUBEY @ PUNIT KUMAR, SON OF JITENDRA DUBEY, RESIDENT OF VILLAGE BAHERI, P.S. KARAMCHAT, DISTRICT KAIMUR AT PRESENT R/O VILLAGE BELAON, P.S. BHAGWANPUR (BELAON), DISTRICT KAIMUR AT BHABUA. Versus STATE OF BIHAR ----------- 5. 11.3.2010. Heard Mr. Om Prakash Pandey, learned counsel for the petitioner and the learned counsel for the State. The petitioner is in custody in connection with Bhagwanpur (Belaon) P.S. Case No.88 of 2008 for the offence under Sections 304(B), 201 and 34 of the Indian Penal Code and 3/4 of Dowry Prohibition Act. The accusation against the petitioner is that being the husband of the deceased, he participated in torturing the deceased along with other accused persons. From the order, it appears that the deceased was subjected to torture by the accused persons and she was even injected poison and thereafter, with a view to give a colour of accidental death, she was burnt. Learned counsel for the petitioner submits that the bona fide of this petitioner is apparent from the fact that after getting information - 2 - N.H./ regarding injury, the husband carried his wife (deceased) to Banaras for better treatment. Thereafter, learned counsel for the petitioner submits that father and brother of the deceased were also informed and after the death of the deceased, she was cremated in presence of father and the brother of the deceased. Learned counsel for the State has opposed the prayer for bail. He points out that it is a peculiar case that though it was an un-natural death neither police was informed nor postmortem examination was conducted on the dead body of the deceased. He submits that from the material on record, it is evident that it was a clear cut case of offence under Sections 304(B) and 201 of the Indian Penal Code. In view of the facts and circumstances mentioned hereinabove, I am not inclined to grant bail to this petitioner. Prayer for bail is rejected. ( Rakesh Kumar,J.) - 3 -