IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14120 of 2008 MD.IDRISH Versus STATE OF BIHAR ----------- 3. 07.05.2008. Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case which was initially registered for the offence under Section 304B of the Penal Code but ultimately the charge-sheet was submitted under Section 302 of the Penal Code and he is in jail custody for about 10 months. Counsel for the petitioner states that as the charge-sheet has been submitted under Section 302 of the Penal Code the presumption under Section 113(a) of the Evidence Act can not be raised against the petitioner. I decline to accept the aforesaid submission at this stage as the question of presumption will only arise during the trial and not at the time of considering the bail matter of the petitioner and as he is the husband, I am not inclined to release him on bail. His prayer for bail is, accordingly, rejected. P.K.P. (V.N.Sinha,J.)