IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15025 of 2009 MAHENDRA SINGH son of late Maharaj Singh, resident of village Bhanpur Tola, P.S. Dinara, District Rohtas, … Petitioner Versus THE STATE OF BIHAR … … OPPOSITE PARTY For the Petitioner: M/s Krishna Pd. Singh, Sr. Advocate, Manish Kumar, Advocate, For the S t a t e : Mr. J.K. Singh, A.P.P. For the Informant:Mr. Akhileshwar Pd. Singh, Advocate ----------- 4 30.10.2009 Heard learned counsel for the petitioner and the State as well as the informant. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code. It has been alleged in the first information report that on account of dispute with regard to irrigation of land scuffle took place between the parties and one Godhan Singh caught hold of the deceased, whereas the petitioner had pressed the neck of the deceased. The other family members assembled there and thereafter the petitioner and others fled away and after some time, the victim died. It is submitted on behalf of the petitioner that there was no motive or intention to kill the deceased. In the present case the ingredients of section 302 of the Indian Penal Code are not attracted, rather at best, it can be a case of section 304 of the Indian Penal Code. 2 Learned counsel for the State submitted that there is direct allegation upon the petitioner of pressing the neck and throttling the neck of the deceased. The post- mortem report also supports the allegation made in the first information report. Learned counsel for the informant also submitted that during the course of investigation, some of the witnesses have supported the allegation made in the first information report and the inquest report as well as the post-mortem report fully support the allegation made in the same. In the facts and circumstances of the case and in view of the fact that there is direct allegation against the petitioner of throttling the neck of the deceased, who subsequently died, I am not inclined to enlarge the petitioner on bail for the present. This application is, accordingly, dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)