IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43239 of 2008 AKHILESH PATEL Versus THE STATE OF BIHAR ----------- 3. 13.01.2009 Heard Sri Anshu Dhar Sharma, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner Akhilesh Patel is the husband of the deceased and is alleged to have strangulated her to death. The story is that the petitioner came to the house of the informant with two bottles of wine and some mutton and asked the deceased to cook it. On some refusal he abusively ill-treated the lady and both slept together in the night. Early in the morning dead body was found. By production of some deposition sheets recorded during the course of trial of the petitioner, it has been contended that the informant turned hostile from his earlier statement of even having given any statement to the police. Similarly, the most competent witness, who happens to be the sister of the deceased, has also not supported the incident. The further contention is that the lady probably felt depressed on the abusive behaviour of the petitioner and could have committed suicide and that is indicated by the - 2 - absence of continuity in the ligature mark. Let petitioner Akhilesh Patel be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Govindganj P.S. Case No. 45 of 2008. DKS/ (Dharnidhar Jha, J.)