IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.17938 of 2010 ISHWAR PRASAD @ BHAGWAN PRASAD son of late Mahavir Prasad Versus THE STATE OF BIHAR ----------- 4/ 23.09.2010 Heard learned counsel for the petitioner and the State as well as informant. Petitioner is an accused in a case under Sections 302, 120B/34 of the Indian Penal Code. There was a monetary dispute between the informant’s husband, Mahendra Prasad (deceased) and his brothers namely Jitendra Prasad and Satyendra Prasad. The informant alleged that on the fateful night this petitioner called her husband to sleep in the night. The informant’s husband was not agreeing to sleep out side, as there was quarrel between the brothers on the same day. On instances of the petitioner, the informant’s deceased husband went out with the petitioner. Subsequently, this petitioner came and informed the informant that her husband has been killed. Learned counsel for the petitioner submits that the main dispute of the deceased was with his brother Jitendra Prasad and Satyendra Prasad. He further submits that it would seem very unnatural that after being in any manner connected with the alleged act of murder, the petitioner himself would come and inform about the incident to the informant. Learned counsel submits that petitioner is aged about 85 years and he is in custody since 06.10.2009. 2 Having heard the counsel for the parties, this Court observes that if on physical appearance the petitioner would seem to be aged about 80 years of age then in such circumstances, he will be released on bail on furnishing bail bond to the satisfaction of the trial court itself, otherwise petitioner would be at liberty to renew his prayer for bail after two months. With the aforesaid direction, this application is disposed of. Let this order be sent to the Court of Sessions Judge, Nalanda at Bihar Sharif in Rahui (Wena) P.S. case no. 240 of 2009 (S. Tr. No. 101 of 2010) through Fax at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)