IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35687 of 2009 UMA KANT MANDAL Son of Ramotar Mandal, resident of Village Baith Mushahari, Police Station Basnahi, District Saharsa. Versus STATE OF BIHAR With Cr.Misc. No. 35688 of 2009 Madhu Kant Mandal son of Ramotar Mandal resident of villagel Baith Mushahari, Police Station Bashnahi, District Saharsa. Versus The State of Bihar ----------- 2 27/10/2009 Heard counsel for the petitioners and counsel for the State. If the version of the husband petitioner Madhu Kant Mandal as specifically asserted in the bail application is believed, the responsibility for not extending treatment to the deceased and/or informing the family members of the deceased immediately after her death so as to even afford them an opportunity of having a last look of the deceased must be shared by Uma Kant Mandal, petitioner in other case, as he was the elder brother and the guardian of the family including the deceased in absence of the husband. On the other hand there is also no denial to the suspicious death of the deceased. The allegation of the prosecution that the husband of the deceased, Madhu Kant Mandal had illicit relationship with her own Bhabhi and the deceased had been done to death because of her repeated objection and fight with her husband on that issue coupled with circumstance that there is no explanation in respect of a premature death of the deceased, would 2 therefore also show involvement of the husband Madhu Kant Mandal and his elder brother Uma Kant Mandal. Thus prayer for bail of both the petitioners are accordingly rejected, but Uma Kant Mandal (petitioner in Cr. Misc. No.35687/2009) is given liberty to renew his prayer for bail after completing one year of his judicial custody, whereas, no such liberty is given in the case of petitioner Madhu Kant Mandal (petitioner in Cr.Misc. No.35688/2009) who will remain in jail custody till conclusion of the trial. Abhay Kumar (Mihir Kumar Jha, J.)