IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37729 of 2010 NAWAL RAI Versus STATE OF BIHAR 03/ 20.01.2011 Heard learned counsel for the petitioner as well as learned P.P. for the State assisted by the learned counsel for the informant. Petitioner seeks his bail in connection with Pipra P.S. Case no.67/2010 registered under sections 302 and 201/34 of the IPC. Admittedly, petitioner is the husband of the deceased who died in the house of the petitioner within two years of her marriage. Allegedly, petitioner had illicit relationship with his aunt and on account of the aforesaid illicit relationship, he committed the murder of the deceased. Learned counsel for the petitioner submits that as a matter of fact, deceased died on account of acute pain of stomach. Before her death, she was treated at Primary Health Center, Kalyanpur from where she was referred to Sadar hospital, Motihari for better treatment. While she was being taken to Sadar hospital Motihari, she died on her way. Although learned counsel for the informant points out the statements of some witnesses recorded during the course of investigation to show this fact that prior to the alleged occurrence, deceased was badly beaten up by the petitioner as well as his other family members but it appears that all the above stated witnesses are hearsay witnesses. Moreover, even if the statements of the aforesaid witnesses assumed to be true then also, an omnibus allegation of - 2 - assault has been levelled against the petitioner and his other family members and not specific overt-act has been attributed against the petitioner. Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, petitioner Nawal Rai is directed to be released on bail in connection with Pipra P.S. Case no. 67/2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari. shahid (Hemant Kumar Srivastava,J)