Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37704 of 2011 ====================================================== Majlish, S/O Sher Mohammad, resident of Village- Gheyagaon, P.S.- Pothia, District- Kishanganj. .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Vikramdeo Singh, Advocate For the Opposite Party/s : Mr. Sunil Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JYOTI SARAN ORAL ORDER (Per: HONOURABLE MR. JUSTICE JYOTI SARAN) 3 25-01-2012 Heard the parties. The petitioner is in custody in connection with Pothia P.S. Case No.64 of 2011 for the offences punishable under [STATUTE] . The allegation against the petitioner is of taking away the husband of the informant at about 6.30PM and in the following morning the dead body of the husband of the informant was found in a field having multiple wounds. Learned counsel for the petitioner with reference to the FIR submits that although the petitioner is said to have accompanied the deceased at about 6.30PM but the informant herself stated that she had talked with the deceased at about 8.00PM and when he informed that everything was in order. He thus submits that in the circumstances aforesaid the Patna High Court Cr.Misc. No.37704 of 2011 (3) dt.25-01-2012 2 petitioner has been arrested on mere suspicion on the basis of last seen. Taking into consideration the submission of learned counsel as also the materials on record, let the petitioner, namely, Majlish be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No.64 of 2011; subject to the conditions that the petitioner shall ensure his representation before the court below on each and every date fixed in the case and failure on the part of the petitioner to ensure his representation on two consecutive dates fixed in the case, without reasonable explanation to the satisfaction of the court below, would entitle the court concerned to cancel his bail bonds and to take him into custody. SKPathak/- (Jyoti Saran, J.)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.