IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33827 of 2009 Shahban Mian, son of Late Rahman Mian, resident of Village- Babhni, Police Station-Kargahar, District-Rohtas. …….Petitioner. Versus The State of Bihar …………………………Opposite Party. ----------- 2. 23. 11. 2009. Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Kargahar P.S. Case No. 170/07 registered for offence under Section 304(B)/34 of the Indian Penal Code. It is submitted that petitioner is father-in-law of the daughter of the informant. However, during investigation, alleged offences were found not true against the petitioner. It is further submitted that charge sheet has been submitted against the sole accused Ali Hussain, who is son of the petitioner under Sections 498 A and 306 of the Indian Penal Code and not against the petitioner. The same was accepted by the learned Chief Judicial Magistrate on 21. 01. 2008, as contained in Annexure-3. However, during trial, summon was issued under Section 319 Cr.P.C. despite the fact that witness named the petitioner for the first time in court. Considering the facts and circumstances of the case, the petitioner, namely, Shahban Mian, in the event of his arrest or surrender within a period of four weeks from today to the court below, shall be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the 2 like amount each to the satisfaction of the Chief Judicial Magistrate, Rohtas at Sasaram, in connection with Kargahar P.S. Case No. 170/07, subject to the conditions as laid down under Section 438(2) Cr.P.C. m.p. (Shailesh Kumar Sinha,J.)