IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8657 of 2010 ANIL CHOUDHARY, SON OF LATE SHIVSHANKAR CHOUDHARY Versus STATE OF BIHAR ----------- 3. 05/05/2010 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 302 and 201 of the Indian Penal Code. The allegation against the petitioner is that he used to beat up the daughter of the Informant due to which she lost her life. During investigation, the statement of the petitioner was recorded wherein he stated that there used to be in continuous fight between the spouse due to which on the date of occurrence, he assaulted his wife and, thereafter, gone to sleep and he discovered the dead body of his wife next morning, which he disposed of with the help of a Taxi Driver. The children of the deceased also supported the fact that on the date of occurrence, their parents had fought with each other and subsequently awoken up by the petitioner in the next morning to be told that their mother was in serious condition and he was taking her for further treatment. The submission is that it is not a case under Section 304B of the Indian Penal Code but this is a case under Section 302 I.P.C. and there has been no eye witness to the occurrence but only circumstance is there that on the date of occurrence, the petitioner had beaten the deceased due to which she died. However, at this stage, I am not inclined to grant bail - 2 - to the petitioner. The prayer for bail is rejected at this stage. S.Ali (Anjana Prakash, J.)