IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6536 of 2009 KANHAIYA SINGH Versus STATE OF BIHAR ----------- 3 13/08/2009 Heard learned counsel for the petitioner and learned counsel representing the State. The petitioner seeks bail in a case which has been registered under sections 497, 328 and section 302 of the Indian Penal Code. Informant’s sister Nirjala Kumari aged 18 was unwell. The informant suspected that his cousin, the petitioner was having physical relationship with Nirjala. She was taken for treatment but in course of treatment in the hospital Nirjala was stating that she has been made pregnant by the petitioner. Submission is that the victim was a grown-up lady. The best treatment was given to her but she could not survive. Though Chargesheet was submitted under sections 376 and 304 A of the Indian Penal Code but the doctor has not found any sign of rape. The petitioner is in custody since 21.9.2008. Considering the facts and circumstances of the case, the petitioner Kanhaiya Singh is directed to be released on furnishing of bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to 2 the satisfaction of the learned C.J.M./concerned Court, Kaimur at Bhabua in connection with Bhagwanpur (Belaon) P.S. Case No. 107 of 2008. avin (Shyam Kishore Sharma, J.)