IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19023 of 2009 KAMESHWAR SAH @ KAMESHWAR PRASAD SAH SON OF RAMPHAL SAH RESIDENT OF VILLAGE KOPARI,P.S.RANIGANJ,DISTT.ARARIA Versus STATE OF BIHAR ----------- 3/ 12.8.2009 Heard learned counsel for the parties. The petitioner seeks bail in Purnea Sadar (Muffasil) P.S.Case No. 309 of 2008 (Sessions Trial No. 272 of 2009) which has been registered for offence under Section 302 of the Indian Penal Code. The petitioner was married with the first daughter of the informant and after her death, he was married with her second daughter. One Raju Khan used to come at the house of the petitioner and a suspicion arose in the mind of the petitioner that his wife has developed illicit relationship with him. After that, she was being ill treated by the petitioner and lastly on 11.8.2008 she was killed by the petitioner. This fact was stated by the sons of the deceased. Submission is that the dead body had no ante- mortem injury, so it is difficult to say that the petitioner has killed his wife. The sons of the petitioner were not the eye 2 witnesses of the occurrence. So there is no evidence against the petitioner. The post mortem report mentions that there was one ante mortem injury on the right side of neck 1½”x ½”. One of the sons of the petitioner has described the manner in which the petitioner had killed his mother. Considering all these, I am not inclined to grant bail to the petitioner. Accordingly, his prayer for bail is rejected. Tahir/- ( Shyam Kishore Sharma, J.)