IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42432 of 2010 UMESH RAM Versus THE STATE OF BIHAR ----------- 3. 17.3.2011 Heard both the sides. The case is under Section 302 of the I.P.C. and the allegation is that the present petitioner along with other co- accused persons committed the murder of Jagdish Ram who was the Bahnoi of the petitioner. Jagdish Ram used to earn after labouring in Punjab, send the major part of his earnings to his wife through Surendra Ram who was the maternal uncle of his wife. The wife used to keep some part of the money and hand over the remaining part of the money to this petitioner who on being requested to pay the money back by the deceased was not paying up and on the pretext of Puja to be solemnised in the household, took away the deceased. This petitioner along with other accused strangulated him to death thereafter. The defence of the petitioner, as may appear from the reading of paragraph 1 of the case diary is that the deceased was sleeping on a chauki and had fallen from it and died on that account. But, that part of the story is completely exploded by the Doctor who found a ligature mark continuously on the neck of the informant suggesting that the deceased was asphyxiated to death. Considering the fact that the deceased had been taken away by this petitioner and he died in the house of the 2 petitioner having ligature mark on his neck the defence of the petitioner is tale tale and considering that the Court is not inclined to direct the release of the petitioner on bail. The petition is dismissed. Kanth ( Dharnidhar Jha, J.)