IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46039 of 2008 Jalshu Yadav @ Jalsu Yadav son of Munshi Yadav, resident of village-Devania Bichali Tola, P.S. Barachatty, District-Gaya. …… Petitioner. Versus The State of Bihar . .…. Opposite party. For the petitioner : Ms Binod Kumar Sinha and Nikhilesh Kumar, Advocates. For the State : Mr. N.N. Tiwary, A.P.P. ----------- 02/ 19.11.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under sections 302 and 34 of the Indian Penal Code. The allegation against the petitioner is that he has called the husband of informant to his house from where the informant heard cries of children and when she proceeded towards the petitioner’s house she saw her husband in injured and unconscious condition in front of house in the lane, whereafter her husband was taken to the hospital and succumbed to his injuries. Learned counsel for the petitioner submits that neither there is any eye witness of the alleged occurrence nor the deceased has been recovered from his house. He further submits that the petitioner has got no criminal antecedent and is in custody since 24.08.2006. A similar prayer of the petitioner had been rejected by this court vide order dated 09.03.2007 passed in Criminal Miscellaneous No.2988 of 2007 (Annexure-1). At present, I do not find any fresh reason to take a different 2 view, hence this petition is dismissed with a liberty to the petitioner to move again after completion of four years in custody. harish/ ( S.N.Hussain, J.)