IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.54314 of 2007 AMRENDRA KUMAR SINHA Versus THE STATE OF BIHAR ----------- 4 6.5.2008 Heard learned counsel for the pareties. The petitioner is an accused in a case under sections 302/34 of the Penal Code. The petitioner and the deceased are both employees of Civil Court, Nawada. The informant is the wife of the deceased and she has stated that in the past mid night when she was sleeping with her husband and the children, she heard the sound of explosion and woke up. She found that her husband had been injured. With the help of neighbours her husband was taken to the hospital and declared dead. During investigation the witnesses who are mostly the staff of the civil court have stated that the petitioner and the deceased were very good friend and they used to live together before the deceased was married to the informant. Even after the marriage the petitioner used to visit the house of the deceased and it is said that their friendship continued. The witnesses also said that the relationship became strained relationship between the petitioner and the deceased but despite this fact the petitioner was on visiting terms with the deceased and his wife. The spy of the police has reported that he has information that the petitioner was having affair with the informant and she was responsible for the death of her husband in connivance with the petitioner. The landlord also supports the case to the extent that the petitioner was on visiting 2 terms and often spent night in the house of the deceased. No doubt it is very shocking that such an occurrence has taken place and the staff of a civil court was apparently killed for no reason. The informant has made out a case of dacoity although there is no sign that any articles were stolen. On the basis of the evidence that has come and the conduct of the informant it appears that there is a suspicion that the informant and the petitioner may have connived in committing the murder of the deceased but for the purpose of bail suspicion cannot be a ground for denying the said privilege to the petitioner. It has further been submitted on behalf of the petitioner that the trial has began and three witnesses have been examined who have all been declared hostile. Considering the aforesaid facts the petitioner Amrendra Kumar Sinha is directed to be released on bail in Nawada Town PS Case No. 266/2007 on furnishing bail bond of rupees ten thousand with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawadah with the conditions that the petitioner should cooperate with the trial and he should be present in court on each and every as required by the court and if he absents himself even for a single date without cause, his bail bond shall be cancelled. It is further directed that both the bailers should be close family members of the petitioner. haque (Sheema Ali Khan, J.) 3