IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4741 of 2009 MD.MUSLIM S/O-Late Md. Kitab Ali, R/O-Vill-Mehsaili Gidbas, P.S.-Raniganj, Distt.-Araria. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. WITH Cr.Misc. No.9397 of 2009 MD.KALIM S/O-Md. Muslim, R/O-Vill-Mehsaili Gidbas, P.S.-Raniganj, Distt.-Araria. …………………………………………..Petitioner. Versus STATE OF BIHAR ……………………………………..Opposite Party. ----------- 2/ 20.03.2009 Cr. Misc. No. 4741 of 2009 filed on behalf of Md. Muslim and Cr. Misc. No. 9397 of 2009 filed on behalf of Md. Kalim have been taken up together because both the cases have arisen out of one occurrence i.e. Raniganj P.S. Case No. 254 of 2007 and the First Information Report has been registered under Sections 498A/304B/34 of the Indian Penal Code. The informant’s daughter was married with Md. Kalim 16 years earlier. Out of the wedlock three issues were born. Allegation is that the informant’s daughter was subjected to torture by the petitioners in connection with demand of a Cow, Cycle and Rs. 10,000/-. Later on she was beaten and poisoned to death. Submission is that the marriage was performed 16 years earlier so Section 304B of the Indian Penal Code is not attracted. In the medical examination the doctor - 2 - has not found any ante-mortem injury over the person of the deceased so the story of assault cannot be believed. Considering the facts and circumstances of the case, the petitioners Md. Muslim (in Cr. Misc. No. 4741 of 2009) & Md. Kalim (in Cr. Misc. No. 9397 of 2009 ) are directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria in connection with Raniganj P.S. Case No. 254 of 2007. kksinha/ (Shyam Kishore Sharma, J.)