IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10457 of 2009 MD.BUDHAN S/O- Late Md. Tahir, R/O-Vill-Supaul W. No.-18, P.S. & Distt.-Supaul. ………………………………………….Petitioner. Versus STATE OF BIHAR …………………………………………..Opposite Party. ----------- 2/ 14.05.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner seeks bail in a case which has been registered for the offence under Sections 302, 307 and some other Sections of the Indian Penal Code. Allegation is that the petitioner and others have formed unlawful assembly and one Md. Mannan was stabbed. Submission is that he was taken to Sadar Hospital where his treatment continued for one month. He was referred to P.M.C.H. where he also treated for a month and thereafter discharged with a suggestion to report after 15 days. But Md. Mannan died prior to reporting the P.M.C.H. His dead body was cremated. Wife of Md. Mannan was having 2 illicit relationship with the petitioner and was willing to marry with him so it is alleged that the petitioner and others have killed him. No offence under Section 307 of the Indian Penal Code is made out. There is general allegation of assault against all. Considering the facts and circumstances of the case, the above named petitioner is directed to 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 Chief Judicial Magistrate, Supaul /concerned court in connection with Supaul P.S. Case No.- 160 of 2008. kksinha/ (Shyam Kishore Sharma, J.)