IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37409 of 2009 DINESH KR.CHOUDHARY @ DINESH CHOUDHARY son of Gajadhar Choudhary, resident of village Bishwamgharpur, Police Station Baghaila, District Rohtas… … Pertitioner Versus THE STATE OF BIHAR… OPPOSITE PARTY For the Petitioner: M/s Ajay Kumar Thakur and Raghunandan Kumar Singh, Advocates For the State: Mr. R.P.S. Singh, A.P.P. ----------- 3 08.12.2009 Heard learned counsel for the petitioner and the State. The petitioner is an accused in a case registered under section 302/34 of the Indian Penal Code and section 27 of the Arms Act. It is submitted on behalf of the petitioner that he is not named in the first information report and one person, who was apprehended while fleeing away from the place of occurrence, who had disclosed his name as Nayak Sah. The informant had identified the aforesaid person and had claimed that he had also seen other persons who could be identified by him if they would be produced before him. However, it is submitted that the father of the informant has given a different story to the effect that the petitioner had tried to outrage the modesty of his wife (the deceased) and he along with others had killed her and the informant 2 was forced to make allegation against Nayak Sah. Even according to the subsequent statement, it is not clear as to who had fired upon the deceased. It is also submitted that the further story had been put up with a view to falsely implicate the petitioner inasmuch as the petitioner is resident of the same village and if he was involved in the occurrence, which had been seen by the informant and others, he could have been named by them on earlier occasion itself. Further submission is that from the post- mortem report it appears that only one entry and one exit injury was found upon the persons of the deceased. The petitioner is stated to be in jail custody since 3.8.2009. Having regard to the facts and circumstances of the case, I direct the petitioner, Dinesh Kumar Choudhary alias Dinesh Choudhary, to 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 the Chief Judicial Magistrate, Rohtas at Sasaram, in Baghaila Police Station Case No. 37 of 2009. SC ( Dr. Ravi Ranjan, J.)