IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38589 of 2009 SANJAY CHOUDHARY son of Sri Mohan Choudhary, resident of village Sahas Ram Tola Bathanha, P.S. Biraul, District Darbhanga… …Petitioner Versus THE STATE OF BIHAR.. ..OPPOSITE PARTY For the Petitioner: M/s A.K. Thakur & Amir Alam, Advocates For the State: Mr. R.P.S. Singh, A.P.P. ----------- 3 11.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under sections 328, 302, 201/34 of the Indian Penal Code. It is submitted on behalf of the petitioner, who is the husband of the deceased that from the statement of the wife of the informant recorded by the police, it appears that the factum of serious condition of the deceased was communicated to the family of the deceased in the night itself. It is further submitted that the allegation made in the first information report is not supported by the finding of the doctor in the post-mortem report. Further submission is that actually the deceased fell down from the stair-case and received injuries and since the informant was not available, as would be apparent from the statement of the wife of the informant, the dead body was cremated. The 2 petitioner is stated to be in jail custody since 11.06.2009. It is also submitted that charges have already been framed in the case. Learned counsel for the State submitted that in the further statement the informant has stated that the petitioner, who was drunkard, used to assault his wife and had subsequently killed her. It is further submitted that the wife of the informant has also stated that she had not sent her “Nati” in the night, as she was afraid that like her daughter he might also be killed. The dead body was cremated without informing the informant side, as according to the informant’s case, when they were informed, they had gone at the spot of cremation and recovered the dead body which was in half burnt condition. The doctor has found fatal ante-mortem injuries upon the dead body of the deceased. Having regard to the gravity of the offence and specially the fact that there was allegation of demand of money and that the petitioner used to torture the deceased coupled with the fact that the dead body was recovered and the same was found in half burnt and the doctor had also found ante-mortem injury on the person of the 3 deceased, I am not inclined to enlarge the petitioner on bail for the present. This application is, accordingly, dismissed at this stage. However, the court concerned is directed to take all possible steps for the expeditious disposal of the trial. SC ( Dr. Ravi Ranjan, J.)