IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7941 of 2010 VIJAY KUMAR TIWARY son of Sri Lalji Tiwary, resident of vill.-Baraka Sohanpur, P.S.-Banakata, Distt.-Deoria(U.P.)---------Petitioner. Versus STATE OF BIHAR ------------- 3. 12.04.2010 Heard learned counsel for the petitioner and the State. Petitioner is not family member of in-laws rather he has been alleged for having illicit relation with mother-in-law of the deceased. At the one hand, allegation is that mother-in-law was not pleased with the deceased as she was seen by her ( deceased) in compromising position with this petitioner and on the other hand it is said that demand was being made from the very beginning. Three children were born during that course. F.I.R. is based on a complaint is said version of the deceased’s mother though it is said that all the in-laws including this petitioner were absent from their houses but they proceeded to the Medical College, Gorakhpur, signing a paper there for assurance of better treatment but surprisingly the inquest report bears signature of the deceased’s father. Moreover, no liability can be fixed upon this petitioner specifically when deceased’s statement is recorded in Medical College Hospital by a Magistrate showing the case an accident in which fire caught deceased’s dopatta. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of communication of this order the above named petitioner shall 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 - 2 - of the Chief Judicial Magistrate, Siwan, in connection with Mairwa P.S. case no.71 of 2008 (G.R. no.1059 of 2008) , subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Sudip ( Mandhata Singh, J. )