IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41767 of 2010 RAMAGEYA SAHNI Versus THE STATE OF BIHAR ----------- 3/ 15.3.2011 Heard. Initially the case was not registered under section 302 of the IPC but subsequently, on getting the information that a dead body was lying in the house of the petitioner under suspicious circumstance, the police went there and after holding the inquest and inspecting the place of occurrence and noting down the marks of violence around the neck of the deceased in continuity so as to suggesting asphyxiated death of the deceased on account of strangulation, drew up the FIR. The police submitted charge sheet under section 304B of the IPC but the C.J.M. took cognizance under section 302 of the Code. Contention is that the bonafide of the petitioner should be appreciated by the fact that he submitted himself to the custody of the court on 16.5.2010 and since thereafter he is in custody. It was further submitted that the mother of the deceased had filed a petition in the court below indicating that she was a lady of very quick temper and compulsive disorder and, might be, on her psychiatric behaviour, she could have committed suicide. It is not genuinely required to express any opinion on the defence set up by the present petitioner. The police appears taking a 2 view by reading the acts of the petitioner, which was recorded in the form of continued ligature marks around the neck of the deceased indicating that the lady had been strangulated to death and considering that aspect, the court is not inclined to direct release of the petitioner. The petition is dismissed. Anil/ ( Dharnidhar Jha, J.)