IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.50167 of 2008 JAGARNATH SAH S/O-Late Rajdeo Sah, R/O-Vill-Bhuthi, P.S.-Sonbarsa, Distt.-Sitamarhi. ………………………………………Petitioner. Versus THE STATE OF BIHAR …………………………………………..Opposite Party. ----------- 3/ 25.07.2009 Heard learned Counsel for the petitioner and learned APP appearing on behalf of the State. The petitioner is one of the named accused of the case which has been registered for the offences under Section 304B/34 of the Indian Penal Code. The informant’s daughter Sunita Devi was married with seven years earlier with the petitioner. Out of wedlock two issues were born. Allegation is that the elder brother of the petitioner was trying to establish physical relationship with the informant’s daughter and that was protested. A few days earlier, the husband of the deceased has return from Delhi. There was quarrel and on account of that Sunita and her two issues were killed by 2 the petitioner and his brother. Submission is that in course of investigation, a number of witnesses have stated that the deceased have taken poison after administering poison to her children so all of them died. It has come that the marriage was 7 to 8 years earlier so offence under Section 304B is not made out. The informant has later on filed a petition before the court below in which he has given another version of the occurrence. 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 learned Chief Judicial Magistrate/concerned court Sitamarhi in connection with Sonbarsa P.S. Case No.- 38 of 2008. kksinha/ (Shyam Kishore Sharma, J.)