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3. I have heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for respondent-State.

4. The main grounds urged by the learned counsel for the petitioner are that the petitioner is innocent and he has not committed any offence alleged against him. The marriage of the petitioner and deceased has taken place about 6 to 7 years back and they were leading happy marital life. It is also contended that the alleged incident has taken place because of the sudden and grave provocation when the deceased told that the accused is impotent and as such she has not begotten any children. It is further contended that the doctor has not given definite opinion that the death is homicidal one. It is further contended that the material facts have been suppressed while filing the complaint. Further, it is contended that the petitioner is having deep root in the society and if the petitioner is released on bail, he is ready to abide by the conditions to be imposed by this Court and ready to offer sureties. On these grounds, he prays for allowing the petition.

6. I have gone through the copy of the complaint and other material produced along with the petition.

7. Learned counsel for the petitioner by bringing to my notice the statement of Nabi Sab would contend that there was a dispute between the petitioner and deceased and when the petitioner told that she has not given birth to any child, then the deceased replied to the petitioner that he himself is impotent, as such she has not given birth to any children. As such, the accused being suddenly provoked has throttled the neck of the deceased. As such, at the most the offence is not coming under the provisions of homicidal death. He would also contend that the accused has not intentionally caused the death of the deceased. It is a simple act under the sudden and grave provocation. Though the learned counsel for the petitioner has contended that the said act of the petitioner is sudden and grave provocation, that is a matter which has to be considered and appreciated only at time of trial and not at this premature stage. Whether there was any other circumstance or it is a sudden and grave provocation, that is a matter of evidence. Then this Court is having a doubt with regard to the act of the accused whether it comes within the purview of the sudden and grave provocation because of the words, which have been used by the deceased. In my opinion, it will not be coming within the purview of sudden and grave provocation. When the offence is said to have been committed under Section 302 of IPC and it is punishable with death or imprisonment for life, under such circumstances, I feel that there are no good grounds to allow the petition. As such, the petition stands dismissed.