IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19604 of 2009 DUKHA SAH @ HARI SHANKAR SAH, S/O LATE BISHWANATH SAH, R/O VILLAGE-MATH MAJHARIA, P.S.-GOUNAHA, DISTRICT-WEST CHAMPARAN. …………PETITIONER. Versus THE STATE OF BIHAR ……………OPP. PARTY. ----------- 3 06.10.2009 Heard learned counsel for the petitioner and learned counsel for the State. Case is under Section 302 read with Section 34 of the Indian Penal Code. From the FIR of the wife of the deceased itself it appears that the wife of this petitioner was instrumental in administering poison to the deceased. It is stated in the FIR that the petitioner after seeing the deceased restless in the house fled away from the place. Allegation has been made in the FIR that the wife of the petitioner and petitioner and others were instrumental in administering poison to deceased. It is also stated in the FIR that the wife of this petitioner after death of the deceased left this petitioner and ran away. Petitioner is in custody since 22.12.2008. It is said that he has no criminal antecedent. Considering the said statement of facts - 2 - in the FIR, this application is allowed. Let petitioner Dukha Sah @ Hari Shankar Sah be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah in connection with Gaunaha P.S.Case No. 48 of 2008 with conditions as laid down in Sub- Section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. Arvind/ (J. N. Singh, J.)