IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.16401 of 2011 Ganesh Das & Anr. Versus The State Of Bihar ----------- 3 28-07-2011 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the state. Petitioners are in jail custody in connection with Balrampur P.S. Case No. 97 of 2010 registered under Sections- 304B, 302, 120B/34 of the Indian Penal Code. Initially, the informant filed complaint case which was converted into the above-said case. Petitioner No. 1 is husband whereas petitioner No. 2 is brother-in-law of the deceased. Admittedly, the marriage of the deceased had taken place 7-8 years ago, so the application of Section-304B of the Indian Penal Code appears to be doubtful. It would appear from the materials available in the case diary that in course of investigation, several witnesses stated before the I.O. that petitioner No. 2 resides separately from petitioner No. 1. So far as petitioner No. 1 is concerned, being husband of the deceased, he did not give any information regarding the missing of the deceased whose dead body was subsequently, recovered near the house of Dinesh Das in a pond. Moreover, it also came to light that the deceased had illicit relationship with one, Jagdish Kumar Das whose statement has 2 been recorded by the I.O. in paragraph-59 of the case diary. Considering the aforesaid facts and circumstances as well as submission of the parties and also keeping in mind the injuries found on the person of the deceased, I do not feel it proper to release the petitioner No. 1, namely, Ganesh Das on bail. Accordingly, his prayer for bail is rejected. So far as the petitioner No. 2 namely, Munia Das is concerned, he is directed to be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each in connection with Balrampur P.S. Case No. 97 of 2010 to the satisfaction of Chief Judicial Magistrate, Katihar. AKV/- ( Hemant Kumar Srivastava,J.)