IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23360 of 2008 RAMJI PASWAN Versus STATE OF BIHAR ----------- 3 12/08/2008 Heard learned counsel for the petitioner and learned counsel representing the State. Initially the case was registered under section 307 and some other sections of the Indian Penal Code on the statement of Rambachhan Paswan in which he alleged that the petitioner and his wife brutally assaulted him on account of enmity prevailing on the eve of Panchayat election. After he was injured brought to hospital and he died soon thereafter and section 302 of the Indian Penal Code was added. Submission is that the wife of the petitioner has already been granted bail and the case of the petitioner is on identical footing so far as the allegation is concerned. The statement of the deceased recorded prior to his death is virtually a dying declaration. No doubt wife of the petitioner has been admitted to bail but in view of section 437 of the Cr.P.C. a lady is entitled to be released on bail and her case cannot be equated with the case of other accused persons. Considering the allegation, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for bail is rejected for the present. However, the petitioner is at liberty to renew his prayer for bail in the court below after framing of charge. avin. (Shyam Kishore Sharma, J.)