IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41452 of 2009 AJAY SINGH Versus THE STATE OF BIHAR ----------- 2/ 20.11.2009 Heard. The case was initially registered under section 304 B of IPC but finding that the marriage was older by years more than seven years, section 302 of the Code has finally been opined to be applicable to the facts of this case. Notwithstanding the above, the allegation being in spite of a late marriage and birth of a couple of children, the lady was tortured for bringing a motorcycle and that the informant gave rupees ten thousand in two instalments to him. There is no allegation in the FIR, it is contended, that the petitioner had made any demand or had tortured or tormented the lady for its non- fulfillment. The other contention is that as a matter of fact, the petitioner was separate from his brother, the husband and was residing in different apartment and had nothing to do with the husband’s affair. Regard being had to the facts and circumstances of the case, let petitioner Ajay Singh be released on bail on furnishing bail bond of Rs.10000/ (ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Bhojpur at Arrah in Koilwar P.S. Case no. 80 of 2009. Anil/ (Dharnidhar Jha, J.)