1 IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37392 of 2008 SANJAY SINGH SON OF LATE CHANDESHWAR SHARMA RESIDENT OF VILLAGE SALIMPUR,P.S.BAKHTIYARPUR,DISTT.PATNA Versus STATE OF BIHAR ----------- 3/ 27.3.2009 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offences under Sections 302/34 and 328 of the Indian Penal Code but chargesheet has been submitted under Section 306 of the Indian Penal code. According to informant Kamlesh Singh, his daughter was married with the petitioner and she was done to death by her in-laws within 7 years of marriage. Allegation is that prior to death, the victim was being subjected to various sorts of torture in connection with demand of money and motorcycle as additional dowry. Submission is that one of the co-accused Aruna Devi has been granted anticipatory bail by a Bench of this court vide annexure-3 to this application and from annexure-3 it would appear that the Dy.S.P. had supervised the case and found her implication to be false. The submission of chargesheet under Section 306 of the Indian Penal Code cannot make the offence lighter because the death is within seven years of marriage and there is allegation that prior to death she was being subjected to torture by her husband and other in-laws. From the impugned order it appears that the trial is going on for offences under Section 304(B)/34 of the Indian Penal Code. The petitioner is husband of the deceased and his case cannot be equated 2 with other accused persons so far as the death of his wife is concerned. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, court concerned is directed to expedite the trial. Tahir/- ( Shyam Kishore Sharma, J.)