IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46538 of 2008 SHEO BIHARI SINGH SON OF KUMAR SINGH RESIDENT OF VILLAGE AGNI,P.S.DARIGAWN,DISTRICT ROHTAS (SASARAM) Versus STATE OF BIHAR ----------- 3/ 5.3.2009 Heard learned counsel for the Petitioner, learned Addl.P.P. and learned counsel appearing for the informant. The petitioner is one of the named accused in a case which has been registered for offence under Section 302/34 of the Indian Penal Code. Besides, petitioner and one another, Malti Devi is also a named accused. Allegation is that the petitioner being the husband of the Lalita Devi (deceased), developed illicit relationship with her younger sister and when it was protested, the petitioner murdered his wife. Submission is that there is no iota of evidence against the petitioner and after investigation, no case under Section 302 of the Indian Penal Code was found, rather a case under Section 306 of the Indian Penal Code was found. It appears from the record that the prayer for bail of Malti Devi, a named co-accused, has been rejected by a Bench of this Court on 5.9.2008 in Cr.Misc.No. 34153 of 2008. The petitioner is husband of the deceased and his role cannot be equated with the role another whose prayer for bail has been rejected. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. However, the petitioner may renew his prayer 2 for bail before the court below after co-accused Malti Devi is granted bail. Tahir/- ( Shyam Kishore Sharma, J.)