IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1269 of 2011 MD. FIROZ @ MD. FIROZ ALAM Versus THE STATE OF BIHAR ----------- 2 24.02.2011 Heard learned counsel for the petitioner as well as learned Addl. P.P. for the State. Petitioner seeks his bail in connection with Jalalgarh P.S. Case No. 67 of 2010 registered under sections 302 and 201/34 of the Indian Penal Code. Admittedly, informant is not an eye witness of the alleged occurrence and furthermore, it is an admitted position that deceased was step-brother of petitioner. It appears from perusal of the impugned order of the learned Addl. Sessions Judge that in course of investigation one Bibi Nigar Sultana @ Munni has claimed to have seen the actual killing of the deceased and her statement has been recorded at para 59 of the case diary in which she states that the deceased was killed by other accused whereas this petitioner had caught hold her at the time of alleged occurrence. It also appears from perusal of the first information report that aforesaid Bibi Nigar Sultana @ Munni is nonelse but wife of petitioner and subsequently, she developed relation with the deceased and solemnized her marriage with the deceased. In the aforesaid facts and circumstances as well as submissions of the parties particularly, keeping in mind that the statement of aforesaid Bibi Nigar Sultana @ Munni was recorded after 20 days of the occurrence, petitioner, Md Firoz @ Md Firoz Alam is directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnia in Jalalgarh P.S. Case no.67/2010. Shahid (Hemant Kumar Srivastava,J.)