IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31063 of 2010 SANJAY SAH @ SANJAY KUMAR SAH Versus STATE OF BIHAR ---------- 05/ 11.01.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner seeks his bail in connection with Sessions Trial no. 330/2010 arising out of Begusarai Town P.S. Case no.214/2009 registered under sections 304B and 201/34 of the IPC. Admittedly, the petitioner is husband of the deceased and his marriage was solemnized with the deceased in the year 2003. Subsequently, the deceased gave birth to two children, out of the aforesaid wedlock and in the year 2009 i.e. after six years of the aforesaid marriage, allegedly, the petitioner along with his other family members committed murder of the deceased. The contention of the learned counsel for the petitioner is that the deceased was suffering from several ailments and, as a matter of fact, she died on her way while she was being taken to PMCH. He drew my attention towards annexure 2 of this application to fortify his contention. He further submits that, as a matter of fact, after the death of deceased, information was given to the informant as well as other family members of the deceased and the informant as well as his other family members came at the village of the petitioner but they did no participate in the last rituals of the deceased which is evident from perusal of para 43 of the case diary. Learned Addl. P.P. points out that during the course of - 2 - investigation some independent witnesses have stated that the deceased committed suicide by putting herself on fire which is evident from paras 20, 21 and 22 of the supplementary case diary but admittedly, when the Investigating officer visited the place of the occurrence, she did not find any sign of burn in the house of the petitioner which is evident from para 6 of the case diary. Considering the aforesaid circumstances as well as period of the detention of the petitioner in judicial custody, petitioner (Sanjay Sah @ Sanjay Kumar Sah) is directed to be released on bail in connection with Sessions Trial no. 330/2010 arising out of Begusarai Town P.S. Case no.214/2009 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge FTC V, Begusarai. shahid (Hemant Kumar Srivastava,J)