IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38638 of 2009 RAJAN CHOUDHARY son of late Hira Choudhary, resident of village Purandarpur, P.S. Nautan, District West Champaran… ..Petitioner Versus THE STATE OF BIHAR… ..OPPOSITE PARTY For the Petitioner: Mr. Arbind Kumar Sharma, Advocate For the State : Mr. R.P.S. Singh, A.P.P. ----------- 3 24.12.2009 Learned counsel for the petitioner files a supplementary affidavit on behalf of the petitioner. Let it be kept on the record. Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 302/201/34 of the Indian Penal Code. The mother of the petitioner had lodged this case alleging therein that after altercation between the petitioner and his wife, the wife of the petitioner left the house and in the morning the dead bodies of two of the children were recovered from the well. The mother of the petitioner has alleged that the petitioner had killed his children. It is submitted that the mother of the petitioner had subsequently filed an affidavit stating therein that what was stated in the first information report was not 2 correct and it is highly improbable that the father would kill his own children. It is further submitted that the father had gone out to earn his livelihood after leaving his children while they were sleeping. It is also stated that the petitioner has been implicated in this case at the behest of his enemies. Learned counsel for the State submitted that the mother of the petitioner herself has alleged that the petitioner had killed his own children. Having regard to the gravity of the offence and the nature of the allegation that the father himself had killed his two children, I am not inclined to enlarge the petitioner on bail for the present. This application is, accordingly, dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)