IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33308 of 2010 SANJIV MAHTO Versus THE STATE OF BIHAR ----------- 03/ 06.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Petitioner, namely, Sanjiv Mahto seeks his bail in connection with Jankinagar P.S. Case no.37/2010 registered under section 302 of the IPC. Admittedly, petitioner is husband of deceased and it is stated that he committed murder of deceased. The contention of the learned counsel for the petitioner is that, as a matter of fact, on the alleged date of occurrence, petitioner along with his wife and their son were coming to home by a motorcycle but unfortunately, they met with an accident in which his wife died and taking advantage of the aforesaid incident, informant, who happens to be brother-in-law of petitioner, lodged the present false case. He further submits that after due investigation the police found the story true and submitted chargesheet under sections 279 and 304A of the IPC but the learned court below has taken cognizance for the offence under section 304 of the IPC Considering the aforesaid circumstances as well as submissions of the parties, petitioner (Sanjiv Mahto) is directed to be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Sessions Judge –cum FTC No. VIII, Purnea in Sessions Trial no.856/2010 arising out of Jankinagar P.S. Case no. 37/2010. shahid (Hemant Kumar Srivastava,J)