IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49805 of 2008 CHANDRAMAULI PRASAD SINGH @ KRISHNA MURARI SINGH Son of Vishwanath Singh, resident of Village Banbira, P.S.Tajpur,District-Samastipur … … Petitioner Versus THE STATE OF BIHAR … … Opp. Party For the petitioner: Shri Ajay Kumar Thakur For the informant: Shri Shakeel Ahmad Kha, Sr. Adv . For the State: Shri DashrathMehta, APP ----------- 3. 20.1.2009 I have heard Shri Ajay Kumar Thakur, learned counsel for the petitioner, Shri Shakeel Ahmad Khan, learned Senior Counsel for the informant as also Shri Dashrath Mehta, learned Additional Public Prosecutor for the State. The case is under Sections 304(B) and 201/34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. The death of the lady occurred undisputedly after two months of being married for the reasons that the accused persons were demanding a two wheeler of the value of Rs. 75,000/- and a T.V. valued at Rs. 65,000/- and not getting the same they murdered the daughter of the informant Ruby Kumari. 2 The contention of the petitioner is that on the day of the occurrence, the petitioner was not present at his house on account of being employed in Medical Core of the Military services and when he got information about the incident he applied for leave which was granted duly by Annexure-2. The second contention is that the petitioner was arrested while he was availing the leave in his village on 9.9.2008 and accordingly he informed his superiors in the Command Hospital of the Army and that appears acknowledged after extension of the leave of the petitioner up to 20th September, 2009. The contention further is that the petitioner not being present and being employed in service from where he could not have participated in the offence appears a ground for granting bail to the petitioner. Learned Senior counsel appearing for the informant submitted that the cellular phone by which the informant was informed about the death of the lady belonged to the petitioner and that probably negates his plea of not being present at his house. The 3 further contention was that the letter granting leave to the petitioner Annexure-2 does not bear any seal of the organization sanctioning the leave, though Annexure 3 does bear the seal. It was contended that the lady was killed within two months of her marriage and the petitioner’s name appears in the F.I.R. Regard being had to the relationship of the petitioner, who is the husband, with the deceased as also considering that he was at his village by virtue of Annexures-2 and 3, I direct the petitioner Chandramauli Prasad Singh alias Krishna Murari Singh to be released on bail on his furnishing a bond of Rs. 10,000/-( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur in Tajpur( Halai) P.S.Case No. 266 of 2008. Kanth ( Dharnidhar Jha, J.)