IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30061 of 2009 KHYALI ROY , son of late Jugeshwar Roy @ Bindeshwar Rai, resident of Mohalla Kazibagh, P.S.-Alamganj, Distt.-Patna-presently reisiding at Mohalla Professor Colony, Biharsharif, P.S.-Biharsharif, District-Nalanda -- ----------------------------------------------------------------------------Petitioner. Versus STATE OF BIHAR . ----------- 3. 14.12.2009 Heard learned counsel for the petitioner and the State. In the case informant was informed by his elder son-in-law that he had received a S.M.S. from the deceased that same would be the last message to him. Thereafter, a message was given by the petitioner also to come to his house. This much of his act including his election duty at Biharsharif has been made defence on his behalf that there was no chance his having any hand, might be a case of suicide or homicide but allegation is clear inambiguous that dowry was being demanded at the hand of the family members including this petitioner followed by torture caused for its non-fulfilment within seven years of the marriage while death was in the matrimonial house. Presence of the petitioner if is doubted on the say of suicide then also presumption for abetment is there while in the case there is clear allegation of commitment of dowry death. If something happened no direct information was given at the hand of the petitioner’s son or wife, who were, according to him, at the house. It appears a circumstance being prepared for defence which at this stage cannot be taken to exonerate the petitioner from his liability. Accordingly, this application is rejected. Sudip ( Mandhata Singh, J. )