IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24498 of 2008 SANJEET NARAYAN CHOUDHARY @ MUNNA CHOUDHARY--Petitioner. Versus THE STATE OF BIHAR--- O.P. ----------- 3 15.10.2008 The case is under Section 328, 302/34 & 120B of the I.P.C. The informant Indu Paswan alleged in the F.I.R. that his son Rajesh Paswan (deceased) who was married to Ruba Devi was living in his Sasural and he got information that his son had died by taking poison and when he went there and found the dead-body lying on Veranda. The informant also stated that on inquiry he learnt that the wife of deceased had some illicit connection with the petitioner and when the deceased got knowledge of it he was finished by the petitioner and others. Learned counsel for the petitioner submits that there is no direct material to show that the petitioner was involved in the killing and his complicity is alleged on the ground of suspicion only due to the reason that he was suspected to be in illicit relation with deceased’s wife. Learned counsel for the petitioner submits that witnesses 2 in paras-5,6, 7, 30, 31 & 33 of the case-diary have also stated about petitioner’s complicity but on the ground of suspicion only. Mr. S.R. Haque, the learned Addl.P.P. does not point out any other material excepting that the post mortem report indicates that the cause of death are asphyxia due to throttling. The petitioner is said to be in custody since 08.03. 2008. In the facts and circumstances, the petitioner Sanjeet Narayan Choudhary @ Munna Choudhary is permitted to bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Rosera, Samastipur in connection with Bibhutipur P.S. Case No.45 of 2007. Mkr. (C.M. Prasad, J.)