IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29945 of 2008 BAIDYANATH THAKUR, S/O Ganpati Thakur, Resident of Village- Jaideepatti, P.S.-Ghanshyampur, District- Darbhanga. Versus STATE OF BIHAR ----------- 3 01.10.2008 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Sections 304(B) and 201/34 of the Indian Penal code. Petitioner is the father-in-law. The marriage was solemnized about two years earlier. The case diary was called for in the case. Learned counsel for the petitioner contends that many witnesses have stated before the police that deceased was suffering from epilepsy and on account of that and due to frustration she may have commit suicide. In the said investigation case was found true under Section 306 but on the direction of superior officers charge-sheet has been submitted under section 304(B) of the I.P.C. Learned counsel for the petitioner produced the certified copy of order of this Court dated 13.8.2008 passed in Cr. Misc. No. 14320 of 2008, from which it transpires that the husband of the deceased lady has been 2 granted bail by this Court. Although it is a heinous crime and under section 304(B) presumption arises against the accused persons but, in view of the fact that the husband of the deceased has been granted bail by this Court as stated earlier, the application is allowed. Let petitioner, namely, Baidyanath Thakur be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sub-Divisional Judicial Magistrate, Biraul at Benipur, District- Darbhanga in connection with Ghanshyampur P.S. Case No. 1 of 2008. Arvind/ ( J. N. Singh, J.)