IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14896 of 2008 SATYENDRA KUMAR @ SATYENDRA SINGH Versus THE STATE OF BIHAR ----------- 3. 8.7.2008 Heard. The petitioner is in custody in a case under Section 302 IPC. Some of the facts appears admitted that the deceased was the friend of the present petitioner, that the deceased in the evening of the occurrence had accompanied the petitioner from Gaya railway station to the house of the petitioner informing his elder brother, the informant, that he would stay in the house of the petitioner during the night, that the deceased stayed in the night in the house of the petitioner and that the dead body of the deceased was found lying in a field. Some of the findings during the investigation are that there were seizures of blood stained earth from the house of the petitioner, a pillow and its cover both blood stained, as also a blood stained T-Shirt and full-pant which were said to belong to the present petitioner. The facts collected in the case diary could raise an inference as if the petitioner - 2 - and the deceased were heavily drunk and in drunken state there was a scuffle between the two. The circumstances arising out of the seizure may indicate that the murder was committed in the house of the petitioner. The defence is that it could be a drunken brawl as the intent could not be attributed to the petitioner and further that some of the persons examined during investigation have added another angle to the defence that while the deceased attempted to outrage the modesty or if one could say so attempted to ravish either the wife or the young daughter of the petitioner, the petitioner killed him. There is no clear defence taken by the petitioner nor a definite eye witness comes on that part of the defence. As regards the cumulative effect of the circumstances, this remains for the present in the case in which the death was caused to the deceased in the house of the petitioner, considering which, prayer is dismissed. B.Kr. ( Dharnidhar Jha, J. )