IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.48779 of 2007 MD.KAYUM Versus STATE OF BIHAR ----------- 03. 12.05.2008 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 304B/34 of the Indian Penal Code. Learned counsel for the petitioner submits that petitioner is the husband of the deceased and the allegation is that he along with other co-accused persons killed his wife, who was the daughter of the informant by hanging. Learned counsel for the petitioner further states that the entire allegation is false and frivolous as it has come in the case diary that there was an altercation between the deceased and her mother, who had given huge amount to her other daughter and not to the deceased, whereafter she bolted the room from inside and committed suicide. Learned counsel for the petitioner also avers that from the facts and circumstances as well as the evidences collected during course of investigation no offence under Sections 304B/34 of the Penal Code is attributed. Learned counsel for the petitioner further contends that the informant is a neighbour of the petitioner and has implicated him for ulterior motives. Learned counsel for the petitioner also submits that the petitioner has voluntarily surrendered in the court below on 30.07.2007 and since then he is in custody. In the aforesaid facts and circumstances, this petition is allowed. Let petitioner, namely Md. Kayum, be released on bail on - 2 - furnishing bail bond of Rs.10,000.00 ( Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Sri N.Kumar, Judicial Magistrate, Ist Class, Khagaria in connection with Parbatta P.S.Case No.03 of 2006 ( G.R.No.29/06). sunil ( S.N.Hussain,J.)