IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38116 of 2008 VIRENDRA KUMAR @ BIRENDRA KUMAR Versus THE STATE OF BIHAR ----------- 3. 09.01.2009 Heard Sri Sucheta Yadav, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The case has been registered under Section 302/34 of the IPC against the present petitioner and others. The petitioner is the husband of the deceased and it is not denied that the deceased was residing in his house. The allegation is that on account of carrying some illicit relationship with another lady and the same being resisted by the deceased, the petitioner used to assault and ill-treat her and ultimately the petitioner killed her with the aid of his family members. I have been taken through the case diary by the learned Addl. Public Prosecutor and there is material to indicate that there could be some strained relationship between the spouses, but as may appear from the FIR as also from the case diary the petitioner was present in the house on that date has not been indicated. Let petitioner Virendra Kumar @ Birendra Kumar be released from custody on furnishing a bond of - 2 - Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Danapur in connection with Danapur P.S. Case No. 67 of 2008. DKS/ (Dharnidhar Jha, J.)