IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20916 of 2009 SUNIL MISHRA Versus STATE OF BIHAR ----------- 5 05.10.2009 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Bochahan P.S. Case No. 70 of 2003 registered under Sections 306, 201/34 of the Indian Penal Code. Substance of the allegation as set out in the F.I.R. instituted by the father of the deceased is to the effect that the alleged occurrence took place as a consequence of the failure on the part of the victim and her family to comply with the demand of a cow made by the petitioner and his family members. It is contended on behalf of the petitioner that the marriage took place on or around 1996 and there was no reason for commission of any such offence. It is submitted that the entire allegation is without substance. The deceased in fact, was suffering from epilepsy and during treatment she died. It is further contended that two children was 2 born out of their wedlock and out of whom one is blind. Counsel for the petitioner further submits that the informant himself has filed a petition in the Court of the Chief Judicial Magistrate, Muzaffarpur which has been placed at Annexure-3 to this petition wherein he has stated that the reason of the death of his daughter was due to epilepsy and the case had been instituted at the spur of the moment. It is further contended that petitioner has been languishing in Jail custody since 29.01.2009. Having regard to the facts and circumstances of the case, let the petitioner, Sunil Mishra, be enlarged on bail on furnishing bail bond of Rs.10,000/ (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Bochahan P.S. Case No.70 of 2003. Bibhash (Jyoti Saran, J. )