IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2089 of 2011 NAVLESH PRASAD Versus THE STATE OF BIHAR ----------- 2 07.03.2011 Heard learned counsel for the petitioner as well as learned counsel for the state. The petitioner being husband of deceased, is facing trial before Additional Sessions Judge-IV, Hilsa, Nalanda in Sessions Trial No. 90 of 2010 arising out of Hilsa (Karai Parsurai) P.S. Case No. 360 of 2007 for the offences under section- 304B/34 and 201/34 of the Indian Penal Code. Admittedly, the petitioner is languishing in jail custody since 02.07.2008. It appears from perusal of the impugned order that charges have already been framed against the petitioner and except the informant as well as some other material witnesses; almost all the prosecution witnesses have already been examined. Learned counsel for the petitioner submits that co- accused Umesh Prasad who happens to be Bhainsur of the deceased, was put on trial in Sessions Trial No. 249 of 2008 and he was acquitted by learned Additional Sessions Judge (F.T.C. No.-II), Nalanda at Bihar Sharif vide judgment dated 20.01.2009 after full fledged trial. He also pointed out that in the aforesaid Sessions Trial , the informant was examined as P.W.4 and he has stated that his sister died of her ailment. - 2 - Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner, namely, Navlesh Prasad be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Sessions Trial No. 90 of 2010 arising out of Hilsa (Karai Parsurai) P.S. Case No. 360 of 2007 to the satisfaction of Additional Sessions Judge –IV, Hilsa Nalanda. AKV/ (Hemant Kumar Srivastava,J.)