IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31110 of 2010 ASHISH KUMAR BHAGAT @ MANTU, S/o Shri Lalu Bhagat, Resident of Village – Narpatganj, P.S.- Narpatganj, District - Araria Versus STATE OF BIHAR ---------- 6 14.02.2011 Heard Sri S.N.P. Sinha, learned senior counsel appearing on behalf of the petitioner as well as Sri U.S.P. Singh, learned Additional Public Prosecutor. The petitioner, who is in custody in Narpatganj P.S. Case No. 118 of 2009 for the offence under Sections 304B/34 of the Indian Penal Code has prayed for bail. The petitioner, was husband of the deceased, and it was alleged that, the deceased was done to death by strangulation by the accused persons including the petitioner. Learned senior counsel submits that the medical report categorically shows that there were some injuries on the head and neck of the deceased and death had occurred due to fall and it was not a case of strangulation. Learned counsel has also doubted the opinion given by the doctor in its post-mortem report, wherein, it was indicated that death had occurred due to asphyxia, as a result of strangulation. Learned counsel further submits that number of witnesses have not supported the prosecution case. Learned Additional Public Prosecutor submits that witnesses have also supported the prosecution case. Besides this, the case is corroborated by the post-mortem examination report. In view of the facts and circumstances, I am not inclined to extend the privilege of bail to the petitioner. Prayer for bail stands rejected. Praful/- ( Rakesh Kumar, J.)