IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33746 of 2009 1. MD. QAMRUDDIN son of Eid Mohammad, 2. Md. Aziz son of Ali Hasan, both residents of village Bhagwanpur, mohalla Muslim Tola, P.S. Rajnagar, District Madhubani… …Petitioners Versus THE STATE OF BIHAR… Opposite Party For the Petitioners: Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Md. Soban Asghar, Advocate For the State: Mr. R.P.S. Singh, A.P.P. For the Informant: Mr. Sajaay Kumar Jha, Advocate ----------- 4 10.12.2009 Heard learned counsel for the petitioners, the State and the informant. The petitioners are accused in a case registered under section 302/34 of the Indian Penal Code. As per the case, set out in the first information report, the informant, who is the widow of the deceased, has given a graphic account of the occurrence alleging the petitioners to have inflicted “Tengari”-blow upon the deceased, due to which he had died. It is submitted on behalf of the petitioners that a different theory altogether has surfaced during the course of investigation, as the pointer of suspicion thereafter indicates towards the involvement of the brother-in-law of the deceased, namely, Md. Tahir. It is also submitted that the case was 2 supervised by the Dy.S.P. and the S.P. and both of them have doubted the case in the manner, which has been described in the first information report. It is further submitted that no witness other than the informant had seen the occurrence. Further submission is that the aforesaid Md. Tahir is an accused in this case and still absconding and the investigation is going on. Learned counsel for the State stated that there is direct allegation upon the petitioner of inflicting “Tengari” blow upon the deceased causing fatal injury, due to which he died and chargesheet has been submitted after completion of the investigation showing these petitioners and others as accused. Learned counsel for the informant submitted that due to “Tengari”-blow inflicted by the petitioners the deceased had died and the occurrence was seen by the wife of the deceased, who had given graphic account of the occurrence. Having regard to the facts and circumstances of the case and specially the fact that the informant has made a direct allegation against the petitioner of inflicting the blow from the weapon causing death of the deceased, I am not inclined to enlarge the petitioners on bail for the present. This application is, accordingly, dismissed at this stage. SC ( Dr. Ravi Ranjan, J.)