IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13553 of 2008 RAJA RAM YADAV Versus STATE OF BIHAR ----------- 4. 18.7.2008 Heard. The petitioner Raja Ram Yadav is in custody in a case under Section 302 IPC and is alleged to have given a blow with giante. The doctor, holding the postmortem examination after two days of the occurrence reported stitched wound with irregular margin of size “1-1/4x1/2” x bone deep. He further found the meninges of brain congested and sub dural external haematoma present which was probably the cause of death. The defence is that witnesses examined in the case diary early in the investigation and subsequently also have stated that the house was under repair and the bricks fell hitting the deceased lady on her head which ultimately resulted in her death. Some of the paragraphs of the case diary have been referred to by learned counsel for the petitioner. Similarly, learned counsel for the informant has also referred to some of the paragraphs indicating support to the allegations. The court has a definite opinion as to why the doctor could report an irregular margin but expressing the same could prejudice the case of the defence at trial and it does not appear just and proper for this court to express its opinion at this initial stage. As regards the allegation, the same is supported and the cause of death also appears on account of some violence, considering which, the prayer for bail is presently rejected. B.Kr. ( Dharnidhar Jha, J. )