IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1557 of 2009 BINAY BHUSHAN SON OF LATE LALDEO SINGH RESIDENT OF VILLAGE PARSA BAZAR,P.S.PARSA BAZAR, DISTRICT PATNA Versus STATE OF BIHAR ----------- 3/ 16.4.2009 Heard learned counsel for the petitioner, learned Addl.P.P. and learned counsel appearing for the informant. The petitioner seeks bail in a case which has been registered for offences under Sections 302 and 201/34 of the Indian Penal Code. The petitioner is the husband of the informant’s sister who has been done to death by her in-laws including the petitioner and her dead body was made to disappear. Though the first information report was lodged under Section 302 of the Indian Penal Code but after investigation chargesheet has been submitted under Section 306 of the Indian Penal Code and cognizance has also taken under the said Section of the Indian Penal Code. Submission is that it was a case of an accidental death which has been supported by the gateman of the railway and other independent witnesses. The two issues of the deceased have also stated that it was an accidental death. The prayer for bail of the petitioner has been opposed by learned Addl.P.P. assisted by learned counsel appearing on behalf of the informant who has submitted that one of the sons of the deceased namely, Vivek Kumar, has described as to how his mother was made immobile and in that position she was stuck by a 2 garasa upon her head by the petitioner. That statement of the son of the deceased has been recorded under Section 164 of the Code of Criminal Procedure. Considering the allegation and statement of one of the sons of the deceased who is an eye witness of the occurrence, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer for bail before the court below after examination of Vivek Kumar in trial. Tahir/- ( Shyam Kishore Sharma, J.)