Honble SHETHNA, J.–Learned counsel Shri Shah submitted that the learned Sessions Judge released the co-accused Smt. Kanya wife of Babulal, who is mother-in-law of deceased Gayatri @ Baby, therefore, the present petitioner-accused, who is husband of deceased Gayatri be also released on bail. Mr. Shah has produced the order dated 3.7.98 passed by learned Sessions Judge releasing Smt. Kanya on bail. In para 7 of the said order, the learned Judge has taken into consideration the fact that she is an old lady aged 70 years and ill treatment was given by Yatesh Kumar, husband of the deceased Gayatri, who was demanding Rs. 60,000/- or 10 tolas Gold. Once a serious offence under Section 304 B is registered against the accused then the present petitioner being the husband against whom a Specific allegation of demanding dowry is made then he cannot be released on bail. Merely because co-accused has been released on bail that itself would not be a ground to release the present accused petitioner on bail. Hence, the first submission of Mr. Shah is rejected.

(2). Second submission raised by Mr. Shah was that in this case the police has wrongly registered the case under Section 304 B against the a

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