IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.45368 of 2010 1. JIYALAL SAHNI @ SAHANI 2. Banshi Devi Versus THE STATE OF BIHAR ----------- 3/ 19.05.2011 Heard learned counsel for the petitioners and learned counsel for the State. Death is due to burn injury. Torture for demand of dowry soon before the death within 7 years of the marriage in matrimonial house is the allegation. Defence is accident of burning, while deceased was boiling milk for her 9 months old child is supported by some of the witnesses from petitioners’ village is doubted on the ground that the time was 11.00 pm. There was no occasion of coming of outsider before the catching/setting the fire. Counter claim is there on behalf of in-laws family members and parental family members that deceased was taken to hospital by them but evidence is lacking on the point that hospital records were speaking about the person who took the injured/deceased to hospital. Fardbeyan of deceased is recorded in hospital on 16.06.2009 allegedly by obtaining thumb impression by the father of the deceased appears not sustainable as the same is on upper part of second page just after ending fardbeyan, signed by her father also. Blood of petitioner’s brother if was donated for the deceased was in presence of rest of the family members including husband is not corroborated. Husband is in custody and petitioner for 2 one year do not favour the petitioner as torture for demand of dowry soon before the death is corroborated by family members of deceased’s father. Considering the facts and circumstances of the case, prayer of the petitioner for bail is rejected. However, Trial Court is directed to expedite the trial. shail (Mandhata Singh, J.)