IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35302 of 2009 SANTOSH KUMAR @ SANTOSH THAKUR SON OF SRI RAMESHWAR THAKUR,R/O VILLAGE- MAHUAL, P.S.- MOTIPUR, DISTRICT- MUZAFFARPUR Versus STATE OF BIHAR ----------- 3 03/02/2010 Heard Mr. Subodh Kumar Jha learned counsel for the petitioner and learned APP for the State. Earlier prayer for bail of the petitioner was rejected vide order dated 8.5.2009 passed in Cr. Misc. No. 7972 of 2009. In the dying declaration the deceased has described as to how this petitioner and others have poured kerosene oil and thereafter, she was burnt alive. Submission is that it is not a case of culpable homicide amounting to murder. It is a case of suicide. The trial has commenced and 8 witnesses have been examined but none have supported the prosecution case. Report received from the court below shows that the informant is yet to be examined. Only the petitioner is facing trial and his other family members are still absconding. Considering the above facts, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is again rejected. However, the petitioner is at liberty renew his 2 prayer for bail before the learned Court below after examination of the informant. avin (Shyam Kishore Sharma, J.)