IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38557 of 2009 GANESH MAHTO Versus STATE OF BIHAR ----------- 2. 12.11.2009 Heard counsel for the petitioner and the counsel for the State. The petitioner is facing prosecution for offence u/ss 302/201/34 I.P.C. and has been sought to be connected in this case on the basis of an allegation in the F.I.R. wherein the informant has stated only to this extent that the petitioner had an animus for getting her husband killed, inasmuch as there was a dispute of house between the husband of the informant and the petitioner. Counsel for the petitioner would submit that even in a case of circumstancial evidence there has to be some link to connect the petitioner and therefore, when at best in course of investigation the police could only find son of the petitioner namely, Kapil Mahto to be seen last with the deceased while drinking toddy or coming out of the shop of toddy and the death of the deceased as per postmortem report was caused primarily on account of his consuming some poisonous material as recorded in viscera 2 Surendra/ report, the finger of suspicion cannot go towards the petitioner as the police has found nothing specific to connect him even by way of implication or inferences. Taking into consideration not only the aforementioned submissions but the fact that the petitioner has got no criminal antecedent and is a person aged about 82 years and there was enemity between the parties on account of the civil dispute relating to possession of house, this Court would direct for release of the abovenamed petitioner on bail on his furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jamui in Sikandra P.S.Case No. 21/2006, subject to the condition that one of the bailors must be a close family members and that the petitioner must remain present in course of trial whenever his presence is required and his absence for two consecutive dates in course of trial would make him liable for cancellation of his bail. (Mihir Kumar Jha,J.)