IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.869 of 2009 SATISH KUMAR PANDEY Son of Devnath Pandey Resident of Village- Nawada, P.S- Govindganj District- East Champaran -------------------- Petitioner Versus STATE OF BIHAR ------------------ Opposite Party ----------- 2. 27.1.2009 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State. The petitioner is an accused in a case under Sections 304(B) and 34 of the Indian Penal Code. The petitioner is the husband of the alleged victim lady. Learned counsel for the petitioner submits that the marriage was solemnized six years ago. The petitioner and his wife (since deceased) had two children out of the wedlock and were living happily. It is submitted that the petitioner was working as Nayak in the Indian Army and was posted in Meerut Cantt on the date of the occurrence and as such the allegation of foul play against the husband appears to be false and fabricated. Learned counsel also refers to the order passed in Cr. Misc. No. 51860 of 2008 dated 22.12.2008 wherein Bench of this Court has granted bail to the brother-in-law on the ground that he was working in the Indian Army at the time when the occurrence had taken place. Having considered the facts and circumstances of the case, the petitioner Satish Kumar Pandey is directed to be released on anticipatory bail in the event of his arrest/surrender before the Court below within a period of six weeks in connection with Govindganj - 2 - P.S. Case No. 70/08 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 Magistare, Motihari, East Champaran, subject to the conditions laid down under Section 438(2) of the Cr.P.C. P. Kumar (Sheema Ali Khan, J.)