1. Offence alleged is under sections 302/306 IPC. The petitioner was granted bail earlier under the provisions of section 167 (2) of the Code of Criminal Procedure.

2. Fir was registered on the statement of Smt. Swaran Chawla, mother of deceased Rinku Sahni, who was married to the petitioner on 12.7.1998. The informant stated that the deceased used to remain upset and on 13.4.2005, the petitioner told the informant to take away the deceased, otherwise she will be killed. On 15.4.2005, the informant received information that the deceased had died. According to her, she died on account of beatings and harassment.

3. Initially, case was registered under section 306 IPC, but after the petitioner was granted bail, section 302 IPC has been added and the petitioner is sought to be arrested on that ground.

4. Counsel for the petitioner submits that the petitioner is already on bail and is not alleged to have misused the concession of bail nor bail has been got cancelled and in the circumstances of the case, mere change of section after grant of bail does not justify the arrest of the petitioner unless the petitioner misused the concession of bail. It is also submitted that section