IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41853 of 2008 BHIKHAR YADAV Versus STATE OF BIHAR ----------- 3/ 13.1.2009 Heard. Petitioner is the husband of the deceased Rajanti Devi who was married to the petitioner long back in 1995. She had given birth to three daughters and a son, the son being the other deceased in the case. The allegation is that the informant, learning about his daughter being murdered, came to the house of the petitioner and after taking the petitioner into confidence, could learn from him that the two dead bodies were buried in the field of the petitioner. Accordingly, the dead bodies were exhumed and brought to the police station with the report. The contention is that in fact, in the petitioner’s absence, the lady had some illicit relationship with some body on account of which she was carrying an illicit fetus in her womb and on that account the lady committed suicide after giving birth to the new child. After having perused the postmortem examination report of Rajanti Devi, the theory of commission of suicide appears not acceptable for the simple reason that the ligature 2 mark was complete round the neck, there was no gap, there was no space even for the knot. So far the story of illicit relationship is concerned, I have thought lingering in my mind that it could be an invention of the petitioner for the purpose of creating some evidence. It is true that child’s death could not be definitely opined by the doctor as regards the manner of the occurrence but considering the act complained of and also considering that the petitioner was husband of one deceased and father of the other, I am not inclined to direct his release. The petition is dismissed. Anil/ ( Dharnidhar Jha,J )