IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38015 of 2009 AMAR NATH JHA @ AMARNATH JHA, SON OF RAMA KISHORE JHA, RESIDENT OF VILLAGE BHAKHARAIN, P.S. MADHEPUR, DISTRICT MADHUBANI. --- PETITIONER Versus THE STATE OF BIHAR --- OPPOSITE PARTY ----------- 2 4.11.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an accused in a case under Sections 302, 328 and 120B of the Indian Penal Code. The allegation is that there was a demand of Rs. 75,000/- by the in-laws which was paid by the brother by selling some land in Patna. The petitioner who is the husband along with his family members is said to have poisoned his wife. Learned counsel for the petitioner submits that all other accused persons have been acquitted by the Court below therefore, this petitioner also deserves to be released on bail. The order and judgment is dated 12.7.2007, the petitioner surrendered after the judgment was pronounced in the case in which the father and other family members were accused. On perusal of the judgment, I find that the informant supports the case in part. The Court below has acquitted the accused persons on three grounds. Firstly, it has been stated by the Court below that the informant cannot remember as to who informed him regarding the death of his sister. Secondly, the Court has held that since there was money transaction between the two parties, there was enmity between them and thirdly, because the appellants in that case were 2 working at different places and were Government employees not living at village home. However, as far as this petitioner is concerned, I am not inclined to grant bail to this petitioner for the present. This bail application is dimissed. Sanjay (Sheema Ali Khan, J.)