IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8938 of 2008 NANDAN YADAV Versus STATE OF BIHAR ----------- For the petitioner – Mr. Radheyshyam Prasad, Adv. For the State – Mr. J.S.P. Singh, A.P.P. ---------- 4. 19/8/2008 Heard learned counsel for the petitioner and learned counsel for the State. Case has been registered under Section 302 and 34 of the Indian Penal Code. Allegation is that all the accused persons including the petitioner have poisoned to death one Sunita Devi, sister of the informant for the reason that she has given birth to two daughters only. Learned counsel for the petitioner submits that petitioner is brother-in-law (Bhainsur) of the deceased and he does not have any concern with his brother’s family. It is stated that there is no specific allegations against the petitioner rather the allegations are omnibus in nature against all the accused persons. Further submission is that there is no direct evidence against the petitioner demonstrating his complicity in this case. It is further submitted that the co-accused Chaudhary Yadav (father-in-law) of the deceased has been granted bail by an order dated 29.1.2008 passed in Cr. Misc. Case No. 1182 of 2008. The petitioner is in custody since 11.11.2007. Learned counsel for the State submits that there is 2 allegation of commiting death of the deceased by poisoning upon all the accused persons including the petitioner. In the facts and circumstances of the case and having regard to the submissions made on behalf of the parties, petitioner Nandan Yadav is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura, in connection with Murliganj P.S. Case no. 11 of 2007. S.Ali (Dr. Ravi Ranjan, J.)