IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.11350 of 2011 Mithilesh Yadav @ Mithu Yadav, S/O-Kritya Nand Yadav Versus The State Of Bihar ----------- 03 13.07.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is named in the first information report and the informant of this case is none else than full brother of the petitioner. The informant states that petitioner wanted to establish physical relationship with his wife and for the aforesaid purpose he mentally tortured the deceased as a result of which deceased along with her two years daughter committed suicide by consuming poison. The contention of learned counsel for the petitioner is that, as a matter of fact, there was some land dispute between the informant and the petitioner and at the instance of his father-in-law, the informant lodged this case against the petitioner but when he came to know about the real fact as well as implication of the petitioner in this case, the informant filed a petition before the Chief Judicial Magistrate, Araria. Considering the aforesaid facts and circumstances as well as submissions of the parties, I do not feel it proper to release the petitioner on bail. Accordingly, his prayer for bail in connection with Jokihat (Mahalgoan) P.S. Case No. 191 of 2010 pending in the court of Chief Judicial Magistrate, Araria, stands rejected. It appears that the case of this petitioner is still pending in the court of Chief Judicial Magistrate, Araria. The Chief Judicial 2 Magistrate, Araria is directed to commit the case of the petitioner to the court of Sessions in accordance with law within one month from the date of receipt of this order. Let this order be communicated to the court of Chief Judicial Magistrate, Araria through FAX at the cost of the petitioner. SHAHZAD ( Hemant Kumar Srivastava, J.)