IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13385 of 2011 Tulsi Sah, S/O-Late Raghubir Sah Versus The State Of Bihar ----------- 03. 03.08.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner is husband of the deceased and it is stated that his marriage had taken place with the deceased twenty years ago. In course of investigation, it came to light that petitioner used to quarrel with his wife and on the alleged date of occurrence he assaulted the deceased with Paina as a result of which she died and subsequently, her dead body was disposed of by the petitioner. Para-4 of the case diary reveals that own niece of the petitioner claimed herself to be an eye-witness of the alleged occurrence. Although, learned counsel for the petitioner submits that even if the statement of above stated witness assumed to be true, then also, at best, Section 304 of the Indian Penal Code is made out against the petitioner. 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 Bairia P.S. Case No. 151 of 2010 pending in the court of Chief Judicial Magistrate, Bettiah stands rejected, at least, at this stage. SHAHZAD ( Hemant Kumar Srivastava, J.)