IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15949 of 2008 AWADHESH RAI @ CHUTRIYA Versus STATE OF BIHAR ----------- 3. 4.7.2008 Heard. The case is under Section 302 IPC, the petitioner is not named in the FIR. His name appears in the statement of the wife of the deceased in paragraph 62 of the case diary where she attributes a motive to the petitioner for committing the offence. Even the statements of some witnesses recorded under Section 164 Cr.P.C and paragraph 91 of the case diary which have been referred in the rejection order passed by the learned Additional Sessions Judge do not have any material against the petitioner, considering which, let the above named petitioner be released from custody on furnishing bond of Rs.10,000/-(ten thousand)with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Masgistrate, Danapur in Naubatpur P.S.Case no.36 of 2007. B.Kr. ( Dharnidhar Jha, J. )