IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8588 of 2008 TUNNU CHAUDHARY Versus STATE OF BIHAR ----------- For the petitioner – Mr. Arun Kumar, Adv. For the State – Mr. Upendra Kumar, A.P.P. ------------ 5. 13/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Allegation against the petitioner is that he had killed his wife. Initially, though, case was lodged by the petitioner himself under Sections 302, 376 and 34 of the Indian Penal Code against unknown persons for attempting to commit rape and murder of his wife, subsequently, however, the petitioner was made accused for killing his wife. Learned counsel for the petitioner submits that the petitioner has been implicated in this case merely on the basis of his confessional statement and he has not been examined under Section 164 Cr. P.C. He further submits that it was the petitioner who has lodged the First Information Report. Further submission is that the statement of his three years old daughter cannot be taken into consideration. Learned counsel for the State submits that the statement of the daughter of the petitioner has been recorded under Section 164 Cr.P.C. wherein she, though only three years old, has given a graphic account of the occurrence and has stated how her father has killed her mother by assaulting her - 2 - with knife. Learned counsel further submits that this statement is fully supported by the post mortem report. In the facts and circumstances of the case and in view of submissions made on behalf of the parties, I am not inclined to grant bail to the petitioner. Hence, prayer for bail is rejected. S.Ali (Dr. Ravi Ranjan, J.)