IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33161 of 2010 Santosh Paswan, son of Baleshwar Paswan Versus STATE OF BIHAR ----------- 3/- 06.12.2010 Heard learned counsel for the petitioner as well as learned P.P. for State. Learned counsel for the petitioner prays to correct Para one as well as prayer portion of the petition, in which Section 303 of the I.P.C. has wrongly been mentioned. Prayer is allowed and he is permitted to correct the aforesaid mistake. Petitioners, namely, Santosh Paswan seeks his bail in connection with Khagaria (Gangaur) P.S. Case No. 359 of 2009, registered under Sections 498 (A) 302 and 201 of the I.P.C. Petitioner is husband of the deceased and admittedly his marriage had taken place eight years ago and four children were born out of the aforesaid wed-lock. Allegedly, on 14.08.2009 petitioner committed murder of his wife and disposed of her dead body. Contention of learned counsel for the petitioner is that in course of investigation not a single witness has supported the factum of murder, rather, almost all the witnesses have stated before the Investigating Officer that at the alleged date of occurrence some quarrel had taken place between petitioner and his wife. Subsequently, in the night the wife of the petitioner was - 2 - found in unconscious state and while she was being taken to hospital, she died in the way. Learned counsel for the petitioner further submitted that after the death of petitioner’s wife proper information was given to the father of the deceased who along with his other relations came at the house of the petitioner, thereafter, with consent of the father of the deceased, dead body of the deceased was cremated but subsequently, maternal- uncle of the deceased started demanding Rs.20,000/- from the petitioner and when the aforesaid demand was not fulfilled, the above stated maternal-uncle of deceased got instituted this false case through father of the deceased. Learned counsel for the petitioner referred Paragraph 19 of the Case Diary, in which the statement of father of the deceased has been recorded. Considering the aforesaid facts as well as submission of the parties, petitioner, namely, Santosh Paswan , is directed to be released on bail on furnishing bail bonds of Rs. 10,000/ with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 359 of 2009 Ashwini/- ( Hemant Kumar Srivastava, J.)