IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13179 of 2008 SHIV KUMAR RAI Versus THE STATE OF BIHAR ----------- 02 16.05.2008 The petitioner is in custody in relation to Patepur Police Station Case No. 98 of 2003, instituted under Section 307 and other Sections of the Indian Penal Code read with Arms Act. It is alleged by the informant that she has a hut adjacent to the land of petitioner’s uncle namely Jaleshwar Rai and he wanted the hut to be removed, the hut as such was put on fire and they wanted to kill the informant. The defence of the petitioner is that earlier the same day the informant’s family members had intercepted their uncle beaten him to death for which Patepur P.S. Case No. 97 of 2003 against the informant’s family members had been lodged in which charge sheet has already been submitted against the informant’s family members and this case is nothing but a retaliation and defence being created. In the facts and circumstances aforesaid, let the petitioner, Shiv Kumar Rai be released on bail on furnishing bail bond of - 2 - Rs. 10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Patepur P.S. Case No. 98 of 2003. Trivedi/ (Navaniti Prasad Singh,J.)