IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10721 of 2009 RAJBALLABH RAI, Son of Bimal Rai, resident of village –Rustampur, P.S. Raghopur (Rustampur out post), District – Vaishali at Hajipur. ….. Petitioner. Versus THE STATE OF BIHAR …. Opp. Party. ----------- 03/ 08.09.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is an accused in Raghopur (Rustampur out post) P.S. Case No. 25 of 2008 which has been registered under Section 302/34 of the IPC. As per the allegation made by the informant it is alleged that on the day of the incident Anita Devi had taken away her young son of one and half years of age. After sometimes when he did not return the informant along with her mother went to look her son. It is said that said Anita Devi, present petitioner and his brother turned the informant and her mother away from the house. Later on, it transpires body of the boy was found behind the house of the accused persons. Submission of the counsel for the petitioner is that the main the allegation is against his wife and she practicing occult science and there is evidence to suggest the same. So far as this petitioner is concerned, he has been made an accused merely because he happens to be the husband and there is no evidence of any overt act against him. He has remained in custody for more than a year. It is informed that the brother and wife of the petitioner are missing and he has no information about them, which is also reflected in the case diary. 2 In view of the above, let petitioner Rajballabh Rai be enlarged 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, Vaishali at Hajipur in connection with Raghopur (Rustampur out post) P.S. Case No. 25 of 2008. One of the sureties will be executed by the father of the petitioner on due identification by the court below. It is also recorded that petitioner will cooperate the trail by appearing in person. DKS/ ( Ajay Kumar Tripathi, J. )