IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.5651 of 2009 BECHAN MAHTO son of Late Manjhi Mahto, resident of village- Bangaraha Kushabaha Tola, P.S.- Bajpatti, District- Sitamarhi. Versus STATE OF BIHAR ----------- 2 31.03.2009 Heard learned counsel for the petitioner and learned counsel for the State. The offence alleged is under section 302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner who is a poor man and is unable to move properly, has been implicated in this case alleging that he killed his wife by assaulting with Tengari. It is further submitted that during investigation it has come that the deceased died on account of taking poisonous substance. It is further contended that the police after investigation submitted final form in the year 2003, however the learned Magistrate differing with the same took cognizance of the offence. Learned Addl. P.P. appearing for the State opposes the prayer for bail. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like - 2 - amount each to the satisfaction of Judicial Magistrate, Ist Class, Pupri at Sitamarhi in connection with Bajpati P.S. Case No. 8 of 1998 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- (Shailesh Kumar Sinha,J.)