IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18282 of 2008 MD.RAJAN @ MD.SALAUDDIN Versus THE STATE OF BIHAR ----------- 8. 24.9.2008. The petitioner is an accused in a case under Sections 302,201 and 34 of the Indian Penal Code. The First Information Report has been lodged by the wife of the deceased. The informant’s husband has been killed. When she came to the house, she found him dead. She states that she saw incised wounds on his body. It is alleged in the First Information Report that the petitioner and one Sadan Mian @ Md. Shamsad Anwar were present in the house. Learned counsel argued that the allegations against Sadan Mian were the same as the allegations against this petitioner, and as such, this Court issued show cause to Sadan Mian as to why his bail should not be cancelled. A show cause has been filed on behalf of Sadan Mian @ Md. Shamsad Anwar and after perusing the order of Anticipatory Bail granted to Sadan Mian, I find that the court below has found him responsible for offence under Section 201 of the Indian Penal Code. Under the circumstances, the show cause filed by Sadan Mian @ Md. Shamsad Anwar is accepted and no further orders need be passed by this Court. The post mortem report of the deceased reveals that there was an incised wound over the left parietal bone and the neck of the deceased was dislocated. When the informant reached her husband’s - 2 - home she began to get labour pains and could not give information to the police till after the birth of her child. The informant also found that preparation was being made to burry her husband. This Court is not inclined to grant bail to the petitioner, as he being the brother of the deceased, he ought to have informed the local police with respect to unnatural death of his brother. The informant has alleged that the petitioner is responsible for death of her husband. It has been vehemently argued that in the First Information Report it has been stated that the deceased died due to sharp cutting injury. I may point out here that the informant on reaching her husband’s home, got labour pain and gave birth to her a baby girl on the same night on which night her husband died. In such stage and state, it can not be expected that the informant could give details with respect to the injuries on her husband’s body. This fact, however, is clear that her husband died a unnatural death and no information was given by the family members to the wife regarding the cause of his death. In the circumstances, I am not inclined to grant bail to the petitioner. The bail application of the petitioner is rejected. U.K. (Sheema Ali Khan,J)