IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17910 of 2009 SURESH GUPTA son of Sri Jaglal Shah, resident of village-Rehiya (Krishna Brahm) P.S.-Brahmpur (Krishna Brahm), Dist.-Buxar. Versus STATE OF BIHAR ----------- 3. 25.8.2009. Heard Mr. Chandra Mohan Singh learned counsel for the petitioner and the State. The petitioner seeks bail in a case which has been registered for the offence under sections 304B/34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act Allegation is that the informant’s Bhagni was married with the petitioner in the year 2007. She was subjected to torture by her in-laws in connection with demand of a motorcycle as additional dowry. Subsequently she was killed. Submission is that the informant had participated in cremation. The death was due to accidental burn injury. Other accused have been granted bail by this court under different orders. Allegation of demand is identical against the petitioner and others. The petitioner is in custody since 27.5.2008. Learned counsel for the informant opposed the prayer for bail. Death is hardly within one year of marriage. There is allegation prior to death that the victim was being tortured in connection with demand of dowry. The case of the husband cannot be equated with others specially in a case under section 304B of the Indian Penal Code. Considering the facts and circumstances of the case, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected Md.S. (Shyam Kishore Sharma,J.) - 2 -