JAYA ROY,J. - (1.) HEARD the learned counsel for the petitioner and the learned counsel for the State.
(2.) THE petitioner is an accused in a case registered under Sections 304B/34 of the Indian Penal Code. The learned counsel for the petitioner has submitted that the prosecution case in brief is that one Nand Kishore has submitted written report to the officer-in-charge Shukhdeo Nagar Police Station on 30.07.2012 alleging therein that his daughter namely Guria Devi was married with Govind Prasad (the present petitioner) in June'2010 and in the said marriage Rs. 1.5 lakhs and other valuable materials were given to the petitioner and to other accused persons by way of dowry but they were not satisfied. It is further alleged that the said Guria Devi was to go to her parents place on 31.07.2012 on the occasion on "Raksha Bandhan" festival but on 29.07.2012 at about 14 hours, the informant received an information from the accused petitioner that his daughter died by pouring K. Oil on her body. The informant has further alleged that his daughter used to say that her in-laws and the accused petitioner had always being taunting making pressure for bringing a sum of Rs.100000/- more as dowry from her parents otherwise she may be done to death. The informant has claimed that due to non fulfillment of the dowry, his daughter was burnt to death by her in-laws and the present petitioner who is her husband.
(3.) THE learned counsel for the petitioner has submitted that the petitioner never tortured or demanded any dowry, in fact both of them were leading a happy martial life and out of their wedlock, they were blessed with a male child. It is also submitted that the death of the victim was accidental and she sustained serious burnt injury while preparing food. She raised the alarm, then several person rushed to the house of the petitioner and they found the victim is burnt condition and she uttered before them that she has caught fire while preparing food and requested them to save her life. The petitioner had taken her to the Hospital but she could not survive. Thereafter, the petitioner informed the said incident to the informant on phone. It is also submitted that in the investigation a number of witnesses including independent witnesses have supported this fact, Furthermore, there is no mentioned about any smell of K. Oil from the dead body neither I.O. has recovered any container containing the K. Oil from the place of occurrence.;