Crl. Misc. No. M-32252 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No. M-32252 of 2009 (O&M) Date of decision: January 11, 2010 Dinesh Kumar @ Dasu ...Petitioner Versus State of Haryana ...Respondent CORAM:- HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. N.K. Sanghi, Advocate, for the petitioner. Mr. Raja Sharma, AAG, Haryana. GURDEV SINGH, J. Petitioner Dinesh Kumar @ Dasu is seeking regular bail under Section 439 of the Criminal Procedure Code in FIR No. 191 dated 5.4.2009 registered at Police Station City Bhiwani, under Section 304-B, 498-A and 406/34 IPC. This FIR was registered on the basis of the statement of the brother of Suman deceased, who was married to the present petitioner. This petition has been pressed on the ground that during trial medical evidence has been produced and it has become apparent from that medical evidence that the deceased had died a natural death. Counsel for the petitioner has placed on record copies of the statements of Dr. S.S. Dhankar (PW-6), who conducted autopsy of the deceased and Dr. Neeraj Mittal (PW-7), who treated the deceased before her death. According to Dr. S.S. Dhankar, viscera was sent for chemical analysis and as per chemical analysis report, no common poison was detected. According to him, the Crl. Misc. No. M-32252 of 2009 2 cause of death can be given by the treating doctor. The treating doctor (PW-7) has categorically stated that Suman had died due to heart failure on account of low hemoglobin of the deceased. When prima facie evidence is that the death of the deceased was natural, offence under Section 304-B IPC is not made out. The petitioner is in custody since April, 2009 and the prosecution has still not concluded its evidence In these circumstances, this application is allowed. The petitioner shall be admitted to bail to the satisfaction of the trial court/Chief Judicial Magistrate, Bhiwani. However, the observations made while disposing of this petition shall have no effect on the merit of the case. January 11, 2010 (GURDEV SINGH ) prem JUDGE