IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13823 of 2009 GOPAL MANDAL Versus STATE OF BIHAR ----------- 3 13.07.2009 Heard both sides. The petitioner seeks bail in a case initially instituted under section 302 of Indian Penal Code but subsequently, charge-sheet has been filed under section 306 of Indian Penal Code. The petitioner is husband. The victim died in the matrimonial home within one year of the marriage. The allegation is that the petitioner committed the offence. There is presumption raised against the petitioner. It is contended that he is in custody since 28.7.2008. Learned counsel further submits that realizing the mistake, the complainant/informant made an application in the court below in January 2009 that under misconception, the case was lodged. From the impugned order it appears that the witnesses in course of investigation have supported the allegation that the deceased was tortured by the petitioner. The deceased committed suicide in the marital home. In the circumstances, I am not inclined to admit him to bail. His prayer for grant of bail stands 2 rejected. This Court, however, grants liberty to renew his prayer after seven (07) months if in the meanwhile, the case is not taken up for hearing by the court below. pkj ( Kishore K. Mandal, J. )