IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37073 of 2009 KRISHNA SAO, Son of Late Karmu Sao, resident of Village- Sahar Telpa, P.S. Karpi, District- Arwal.....................................Petitioner. Versus THE STATE OF BIHAR.........................................Opposite Party. ----------- 03. 14.12.2009. Heard learned counsel appearing on behalf of the petitioner and counsel appearing on behalf of the State. The petitioner is an accused in Makhdumpur P.S. Case No. 88 of 2008 for offences punishable under Sections 302, 201, 120B/34 of the Indian Penal Code. The substance of allegation as against this petitioner is of causing death of one Arjun Sao for the reason that he had assaulted the petitioner’s daughter Kiran Devi, who was the elder sister-in-law(Bhabhi) of the deceased. Learned counsel appearing for the petitioner submits that the fact is that the incident took place on 04.05.2008 and the First Information Report has been instituted after a lapse of three days on 07.05.2008 and no explanation has been given. He further submits that with regard to the assault made by the deceased on his elder sister-in-law, a case was also instituted giving rise to Makhdumpur P.S. Case No. 26 of 2008 on 05.05.2008 and whereafter the deceased had left the house and in support of the said submission, learned counsel relies upon the statement made by the mother of the deceased in paragraph no. 12 of the case diary. Learned counsel further submits that according to the First Information Report the deceased was said 2 to have been lifted by this petitioner on 06.05.2008 whereafter his dead body was found. The post mortem report dated 08.05.2008 shows that the time of death was 3-4 days back which creates reasonable doubt as to the veracity of the allegation made in the First Information Report. Having regard to the facts and circumstances set forth, the petitioner, namely, Krishna Sao, 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 C.J.M., Jehanabad, in connection with Makhdumpur P.S. Case No. 88 of 2008. U.K. (Jyoti Saran,J)