IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41389 of 2010 Nathuni Yadav, S/o Late Yogi Yadav, R/o Village- Shastrinagar, P.S.-Bagaha, District- West Champaran. …. Petitioner. Versus State Of Bihar ……... Opposite Party. ----------- 2. 21.12.2010 1. Heard learned counsel for the petitioner and learned counsel for the State. 2. Petitioner is an accused for offence punishable under section 364/34 of the Indian Penal Code. 3. Learned counsel for the petitioner submits that petitioner is the husband of the alleged victim and the informant is her brother. The prosecution case is that the victim was the second wife of the petitioner and after sometime the petitioner and his first wife took the victim away and killed her. However, the fact remains that the case was lodged only for offence punishable under section 364 of the Penal Code and not for any offence punishable under section 302 or 304B of the penal code. Furthermore, the petitioner has produced an application of the informant filed in the court below, in which it is stated that the alleged victim namely Chanda Devi, the sister of the informant was suffering from ailment which developed into Hepatitis -B and despite petitioner’s providing her treatment, she could not survive and died. It is further stated therein that the informant is an illiterate person and at the instigation and wrong information of some other person, the F.I.R. has been lodged against the petitioner, who has committed no offence. 2 4. Considering the facts and circumstances aforementioned, petitioner named above is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Bagaha (Pathkhauli) P.S. Case No. 240 of 2010. Sujit (S.N.Hussain, J.)