IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30845 of 2010 MD.SHAHID, son of late Md. Aktar Versus STATE OF BIHAR ----------- 4/- 10.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for State. Petitioner is languishing in jail custody since 11.09.2009 in connection with Kotwali P.S. Case No. 344 of 2009 registered under Section 364/34 of the I.P.C. Petitioner is not named in the First Information Report but during course of investigation, it came to light that deceased and one Dimpal Kumar Gupta @Deepak Kumar had illicit relationship with the wife of the petitioner and accordingly, suspicion has been raised against the petitioner. In course of investigation, the aforesaid Dimpal Kumar Gupta @ Deepak Kumar was arrested and confessed his guilt naming the petitioner but admittedly, the aforesaid Dimpal Kumar Gupta @ Deepak Kumar has already been granted privilege of bail by another Bench of this Court vide order dated 03.03.2010 passed in Cr. Misc. No. 6391 2 of 2010, which is apparent from annexure-2 of supplementary affidavit. In view of the aforesaid circumstances, above named petitioner is directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI, Patna District-Patna in connection with S.Tr. No. 159 of 2010 arising out of above stated Kotwali P.S. Case No. 344 of 2009. It is made clear that the condition imposed upon co-accused Dimpal Kumar Gupta @ Deepak Kumar vide order dated 03.03.2010 passed in Cr. Misc. No. 6931 of 2010 shall apply to the petitioner also. Ashwini/- ( Hemant Kumar Srivastava, J.)