IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5692 of 2009 RAM PRASAD MUKHIA, SON OF SRI SUNDAR MUKHIA, RESIDENT OF VILLAGE-BARAMA, P.S. MADHEPUR(R.S. SHIVIR), DISTRICT-MADHUBANI…………………………………PETITIONER. Versus THE STATE OF BIHAR……………………………OPPOISTE PARTY. ----------- For the Petitioner : Mrs. Anjana Prakash, Senior Advocate and M/s. Sanjay Kumar Jha and Satyaveer, Advocates. For the State : Mr. Jharkhandi Upadhyay, A.P.P. ----------- O R D E R 4. 23.04.09 Ram Prasad Mukhia, the father of deceased, Kaushalya Kumari, a F.I.R. named accused is in custody since 28.4.2008, in connection with Madhepur(R.S. Shivir) P.S. Case No.225 of 2007 registered under Sections 302 and 201/34 I.P.C. for allegedly causing the death of Kaushalya. Submission on behalf of the petitioner is that he has been falsely implicated. It was submitted in this connection that Kaushalya’s illicit love affair with the son of her Mausi was unpalatable to the parents who put restrictions to their meetings and one day before the occurrence when she was seen talking to the boy, she was taken to her house by her mother and in the following morning she was found dead. It was presumed that she committed suicide and her dead body, under the directions of the Sarpanch and Pramukh was buried which fact is supported by the witnesses. Though the doctor found no external injuries on the person, - 2 - he however opined that death was due to asphyxia caused by throttling. Fracture of lower trachea was detected. The fact of the parents of the deceased objecting to her illicit relationship with the boy and her being confined in the house by her mother is supported by the witnesses none of whom state of having seen any signs of suicide. With the absence of any poisonous substance or signs of suicide, the complicity of the petitioner cannot be ignored. In the circumstances, I am not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. P.S. (Abhijit Sinha,J)