Patna High Court Cr.Misc. No.28212 of 2011 (2) dt.23-08-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.28212 of 2011 ====================================================== Dipak Kumar Sharma, son of Shri Gajendra sharma, resident of villag Ekwari, Police Station Sadar, District Bhojpur at Ara .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. For the Opposite Party/s : Mr. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN ORAL ORDER (Per: HONOURABLE JUSTICE SMT. SHEEMA ALI KHAN) 2 23-08-2011 Heard Counsel for the petitioner and the A.P.P. appearing on behalf of the State. The petitioner is an accused in a case under Section 302/34 of the Indian Penal Code. In connection with this case, the petitioner is in jail custody since 06.02.2011. There is an omnibus allegation against all the accused persons of assaulting the deceased. Against the petitioner, there is specific allegation that he hung the deceased on a tree by a GAMACHA. The occurrence is said to have taken place due to land dispute. Learned Counsel for the petitioner submits that since the deceased was hanging from a tree, it may be presumed that it is not a case of murder, rather it is a case of suicide. Patna High Court Cr.Misc. No.28212 of 2011 (2) dt.23-08-2011 At this stage, the defence of the accused persons cannot be considered and as such, I am not inclined to grant bail to the above named petitioner. This application is accordingly dismissed. Prabhakar Anand/- (Sheema Ali Khan, J)