IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44463 of 2008 DABLU SINGH @ RAKESH KUMAR, S/o Late Hari Shankar Pd. Singh @ Kisuh Singh, Resident of village – Vaishali, P.S. – Vaishali, District – Vaishali. Versus THE STATE OF BIHAR ----------- 3. 03.02.2009 Heard Sri Amir Alam, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner along with four others is alleged to have strangulated the uncle of the informant to death. The informant had projected himself as an eye witness to the incident. However, on being taken through the contents of paragraph 8, i.e., the statement of the wife of the deceased, it appears that the lady was disputing that the informant could be an eye witness and she was projecting herself to be an eye witness and according to it, the petitioner had not entered inside the house of the deceased nor he had taken him away, though he was accompanying the other accused persons. During the course of the hearing of the present petition the attention of the court was drawn to the post- mortem examination report and specially to the finding recorded in it that the oblique ligature over a particular part of the neck indicated that it could not be on account of - 2 - strangulation that the deceased was killed rather he could have killed himself. This fact is to be considered by the trial court at the time of the hearing of the witnesses. As regards the nature of the offence and participation, the same being general and omnibus, let petitioner Dablu Singh @ Rakesh Kumar be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Sessions Judge, F.T.C. V, Vaishali at Hajipur in connection with Sessions trial No. 191 of 2008 arising out of Vaishali P.S. Case No. 161 of 1999. DKS/ (Dharnidhar Jha, J.)