IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-16707 of 2011 Date of decision : December 09, 2011 Sandeep Kumar ....Petitioner versus State of Punjab ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Ms Jigyasa Tanwar, Advocate, for the petitioner Mr. Shailesh Gupta, Deputy Advocate General, Punjab Mr. Raman Mohinder Sharma, Advocate for the complainant L.N. Mittal, J. (Oral) Accused Sandeep Kumar has filed this petition for bail in case FIR No. 16 dated 27.1.2010, under sections 304-B, 498-A, 120-B IPC, registered at Police Station City Mansa. I have heard learned counsel for the parties and perused the case file. Petitioner is elder brother of husband of the deceased. The petitioner is in custody since 4.2.2010 i.e. for more than one year 10 months. Counsel for the complainant vehemently contended that alternative charge under section 302 IPC has also been framed. However, admittedly there is no eye witness of the occurrence regarding alleged murder whereas there may be presumption regarding offence of dowry death Criminal Misc. No. M-16707 of 2011 -2- under section 304-B IPC. The petitioner is elder brother of husband of the deceased. Husband and father-in-law of the deceased are also in custody. Keeping in view all the circumstances but without meaning to express any opinion merits of the case, the instant bail petition is allowed. Bail to the satisfaction of learned Chief Judicial Magistrate/Duty Magistrate, Mansa. ( L.N. Mittal ) December 09, 2011 Judge 'dalbir'