IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10647 of 2010 MD. HAKIM Versus STATE OF BIHAR ----------- 03. 25.06.2010 Petitioner is languishing in jail since 08.11.2009 in a case registered under Section 302/34 of the I.P.C. though during investigation Section 376 was also added. It is alleged that on the alleged date of the occurrence the informant’s daughter went outside and thereafter when the informant went he saw his daughter in a necked condition and she was in pain. The victim girl did not disclose the name of anyone and subsequently died while taken to the hospital. It is submitted by learned counsel for the petitioner that petitioner was not named in the F.I.R. but petitioner’s name sprang up on the suspicion of the informant and his wife as the victim and the petitioner both were working at the same place and the petitioner always used to visit the house of the informant. Learned counsel for the petitioner submits that petitioner has no criminal antecedent and the cause of death has been found due to asphyxia caused by throttling and sign of sexual assault was also found but the detailed injury report is not in the case diary. 2 Learned counsel for the State submits that except the suspicion raised by the informant and his wife, in the case diary there is no direct material against the petitioner. Considering the fact that there is no direct material against the petitioner moreover the informant has admitted that the victim did not name the petitioner as a result of which the petitioner was not even named in the F.I.R., let the petitioner namely Md. Hakim 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 A.D.J., III, Purnea in connection with Sessions Trial No. 79 of 2010 arising out of K.Hat P.S. Case No. 332 of 2009. Shageer (Dinesh Kumar Singh, J.)