IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.28028 of 2009 JAGARNATH SAH, SON OF GANGO SAH, RESIDENT OF VILLAGE TISIAUTA, P.S. TISIAUTA, DISTT. VAISHALI. ------- PETITIONER. Versus STATE OF BIHAR ----------- 3. 14/10/2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is an accused in a case arising from Tisiauta P.S. Case No. 09 of 2009 for offences punishable under Sections 302/34 of the Indian Penal Code. The case instituted by the wife of the deceased though belatedly, accused the petitioner of getting into altercation with her husband resulting in grievous injury which ultimately led to his death. Counsel for the petitioner submits that the cause of death has been attributed to head injury caused by hard blunt substance. It is further submitted that during course of investigation it has come to light that it was the other accused namely Bhola Sah who hit the deceased on his head and which was the cause of head injury resulting in his death. Further submission is that save and except that the petitioner has been alleged to catch hold of the deceased, no other overt act has been attributed to the petitioner and he has already suffered incarceration since 19.3.2009. Be that as it may, having regard to the aspect 2 that the alleged occurrence has led to the death of the husband of the informant, I am not inclined to release the petitioner on bail and his application is dismissed for the present. S. Ali (Jyoti Saran, J.)