IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42414 of 2009 PANKAJ KUMAR SINHA Versus STATE OF BIHAR ----------- 3 15.4.2010 Heard Counsel for the petitioner and the State as well as counsel appearing on behalf of the informant. The petitioner apprehends his arrest in a case under section 304(B) of the Penal Code. It is alleged by the informant that on the alleged date of occurrence at about 1.30 P.M. he received telephonic message from one Arif who told him that his sister is ill and some occurrence has taken place. On receipt of the information, when he reached at the residence of the petitioner at Hasan Bazar, he found the dead body of his sister lying in the kitchen room and she was burnt to death. Learned counsel for the petitioner submits that the Investigating Officer in course of inspection of the Place of occurrence did not find any semblance of burning materials or circumstances to show that the deceased was done to death in the kitchen room. He further submits that on 23.8.2009 the petitioner had gone to his Sasural and he returned with his sister-in-law. Thereafter, on 24.8.2009 he again went to his sasural to drop his sister-in-law at around 11 A.M. and again returned his house. He submits that in his absence someone else might have murdered his wife and kept her dead body in his kitchen room. He submits that it is very surprising that one Arif who informed the informant is absconding. Counsel for the informant submits that the petitioner - 2 - KHAN tortured the deceased for want of T.V., golden chain etc. At this stage it is very far fetched to assume that someone else murdered the informant’s sister and thereafter kept her dead body in the kitchen room of the petitioner. He further submits that different version was taken before the Sessions Judge. Having considered the facts and circumstances of the case, I agree with the submission of learned counsel for the informant that merely on the ground that the Investigating officer did not find any incriminating materials at the place where the dead body was kept the petitioner cannot be absolved from this case. In the circumstances, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is accordingly rejected. (S.P.Singh,J)