IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12355 of 2009 LAL BABU SAH,son of late Ranga Sah,resident of village-Godhana,P.S.-Mashrak,District- Saran. Versus STATE OF BIHAR ----------- 02/ 22-04-2009 Heard learned counsel for the petitioner and the State. Submission of the learned counsel for the petitioner is that petitioner has been made guilty for the offence under Section 302 of the Penal Code without ascertaining the death of the informant’s son. No doubt, he went Nasik to earn his livelihood. He remained there. At later stage, informant filed an application that his son is living in Punjab and married another girl and denied to return his home as his first wife married another person and if that is considered, then petitioner’s arrest cannot be justified. I agree with the same. In case of arrest or surrender within one month from today in Mashrak P.S.Case No.161 of 2005, the above named petitioner shall 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 the Chief Judicial Magistrate, Saran at Chapra, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )