IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46271 of 2008 JANE ALAM MIAN S/O LATE HARIK MIAN OF VILALGE- NAUKA TOLA, P.S.- RAXAUL, DISTRICT- EAST CHAMAPARAN Versus STATE OF BIHAR ----------- 3 18/03/2009 Heard learned counsel for the petitioner, State and learned counsel appearing on behalf of the informant. The petitioner is the sole named accused of a case on the allegation that he twisted the neck of the informant’s husband who later on died. The informant has received this information through Naga. The informant came to her husband who regained his consciousness for a while and told that this petitioner has twisted his neck, thereafter, he became unconscious and died. Submission is that the sole eye witness of offence is one Naga who has not supported the prosecution and has stated that he later on saw the husband of the informant lying in injured condition. It is also submitted that there was no motive for killing and the alleged dying declaration is fabricated one. Prayer for bail of the petitioner was opposed by the learned counsel appearing on behalf of the informant. In this case the deceased prior to his death has given reason of the injury which later on led to his death. The twisting of neck has been corroborated by the doctor in course of post mortem examination. Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected. - 2 - However, the petitioner is at liberty to renew his prayer for bail in the court below after examination of the informant. avin (Shyam Kishore Sharma, J.)