IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13109 of 2010 DR.GANESH GAURAV . Versus THE STATE OF BIHAR . ----------- 2. 28.4.2010 Heard learned counsel for the petitioner, for the State and for the informant. The petitioner is the husband in custody under Section 304B of the Penal Code. Death has taken placed in an unnatural manner within one and a half year of the marriage. The fresh order of the Sessions Court dated 11.12.2009 has been perused. It records that witnesses under Section 161 of the Cr. P.C. have talked of dowry and the demand accelerating after birth of a female child. The witnesses are stated to have further said that the deceased remained in tension on that account. The medical evidence produced on behalf of the petitioner does not show any mental unbalance of the deceased before marriage but was a recent phenomenon caused by depression, sleeplessness and other allied reasons. It concludes rejecting the prayer for bail in the entirety of the facts being an unnatural death. Whether an overt act leads to Section 304B of the Penal Code or the victim is compelled to 2 commit an overt act inviting Section 306 of the Penal Code is hardly relevant at this stage. Learned counsel for the petitioner submits that the documents called for by order dated 26.2.2010 of the Sessions Court, are yet to be submitted by the prosecution. Needless to state that if an order has been passed by a Court, it has to be complied unless the order is revoked, modified or cancelled. Learned counsel for the informant undertakes that all prosecution witnesses except that from the village of the petitioner shall appear for deposition day to day. The Sub-divisional Police Officer, Barh is directed to ensure that all other charge sheet witnesses are made to appear for deposition on the dates fixed. The S.D.P.O. is further directed to ensure that the investigating officer and the medical officer also appear for deposition on the date fixed. The Sessions Judge is directed to seek the assistance of the District Judge with regard to the place of posting of the investigating officer and the medical officer based on the information furnished by the respective authorities to this Court, which has now been forwarded to all the District Judges of the State. 3 It is expected that the trial in this manner shall be concluded preferably within a period of six months from the date of receipt/production of a copy of this order. If the trial is not concluded within the aforesaid period, the petitioner may renew his prayer for bail before the Court below while naturally shall have to be considered in accordance with law. The application is rejected. P. Kumar (Navin Sinha, J.)