Rongon Mukhopadhyay, J. - (1.) Heard Mr. A. K. Chaturvedy, learned counsel for the petitioner and Mr. Sanjay Kumar Pandey No. 2, learned A.P.P. for the State.
(2.) In this application, the petitioner has prayed for setting aside the order dated 21.09.2015 passed by the learned Additional Sessions Judge II, Hazaribagh in S. T. No. 503 of 2009 whereby and whereunder the discharge application preferred by the petitioner has been rejected.
(3.) Mr. A. K. Chaturvedy, learned counsel for the petitioner has submitted that petitioner cannot be prosecuted in a case under Section 304-B of the Indian Penal Code on the ground that there is no material on record to suggest that the petitioner has caused the dowry death of his wife. It has been stated that the wife of the petitioner is missing for the last 7 years and in terms of Section 108 of the Indian Evidence Act only by filing a suit, the disappearance of the wife of the petitioner can be substantiated. It has been stated that merely because the wife of the petitioner has not been heard for more than 7 years, no presumption can be drawn that she is dead and therefore, the petitioner cannot be prosecuted in a case under Section 304-B of the Indian Penal Code.;