IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36131 of 2010 INDRADEO MEHTA, son of late Kailu Mehta, Resident of village- Gangora, P.S. Bihariganj, District-Madhepura Versus STATE OF BIHAR ----------- 03 28.01.2011 Heard Mr. Abhay Shanker Singh, learned counsel for the petitioner as well as Mr. Shashtri, learned Additional Public Prosecutor for the State. The petitioner, who is in custody in connection with Bihariganj P.S. Case No. 13 of 2008 for the offence under sections 498A, 302, 328/34 of the Indian Penal Code, has prayed for grant of bail. It was alleged by the informant that his daughter was married with the son of the petitioner and by force the accused persons administered poison to his daughter due to which she died. While referring to Annexure-3 series, learned counsel for the petitioner submits that during investigation statement of brother of the deceased was got recorded under Section 164 of the Cr.P.C. wherein he has categorically stated that his sister died due to some abdominal disease. Similarly, the statement of the informant under section 164 of the Cr.P.C. was also recorded and he had also stated that she died due to pain in the stomach of his daughter. Learned counsel for the petitioner has also referred to the statement of other witnesses recorded under Section 164 of the Cr.P.C. In this case diary was also called for which has been received. The argument advanced by learned counsel for the 2 petitioner was not disputed by the learned Additional Public Prosecutor, who has perused the case diary. In view of the facts and circumstances of the case, particularly the statement of the witnesses recorded under section 164 of the Cr.P.C, there is no reason to further detain the petitioner in custody. Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Bihariganj P.S. Case No. 13 of 2008. Md.S. ( Rakesh Kumar, J.)