IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27789 of 2010 SITARAM PASWAN Versus THE STATE OF BIHAR with Cr.Misc. No.26959 of 2010 JAGDEO PRASAD @ JAGDEO PASWAN Versus STATE OF BIHAR ----------- 3 30.11.2010 Above stated criminal miscellaneous cases have arisen out of Sherghatty P.S. Case no. 121 of 2010 registered under Sections 304B, 201/34 of the I.P.C. and, accordingly, both the above stated petitions are being disposed of by this common order. Petitioner in Cr. Misc. No. 27789 is husband where as petitioner in Cr. Misc. No. 26959 of 2010 is father-in-law of the deceased. The contention of learned counsel for the petitioners is that after due investigation police submitted charge sheet under Section 306 of the I.P.C., and he further submitted that as a matter of fact, on the alleged date of occurrence deceased was feeling unwell and she insisted upon the husband to accompany her up to the clinic of the doctor, but husband of the deceased did not accede to the aforesaid request and that is why deceased committed suicide by consuming poison. To fortify his contention, he referred paragraphs 8, 9 etc. of 2 the case diary and submitted that if the aforesaid statement of the witnesses assumed to be true then, no case under Section 306 of the I.P.C. is made out against the petitioners. Although, learned P.P. submitted that informant and some other witnesses have supported the prosecution story, but he frankly admitted this fact that some witnesses have stated that while deceased was taken to hospital, she died on her way. Considering the aforesaid facts and circumstances as well as submissions of the parties, petitioners, namely Sitaram Paswan and Jagdeo Prasad @ Jagdeo Paswan are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned S.D.J.M. Sherghatty (Gaya) in connection with Sherghatty P.S. Case No. 121 of 2010. PN (Hemant Kumar Srivastava, J.)