IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21682 of 2008 BINDA YADAV @ BIJENDRA ROY SON OF SRI BHUSHAL YADAV @ RAJENDRA RAY RESIDENT OF VILLAGE BIDHIPUR,P.S.BAKHTIYARPUR,DISTRICT PATNA Versus THE STATE OF BIHAR ----------- 4/ 11.11.2008 Heard learned counsel for the parties. The petitioner is an accused of a case which has been registered for offences under Sections 328 and 302/34 of the Indian Penal Code on the fardbeyan of Bimal Devi relating to killing of her husband. According to prosecution case, the informant received information that her husband was lying in an orchard and while he was being carried away for treatment, he died in the way. She has suspected that as few months ago there was fight between two rival groups and informant’s husband was being pressurized by the petitioner and other accused persons to pay Rs.5000-6000/- and he has not paid the said amount to them, he has been killed. Submission is that there is no witness of the occurrence. The villagers have given a petition saying that the petitioner and others have been falsely implicated in this case and the fact is that on account of some quarrel between the wife and husband, the informant’s husband took poison and died. Further submission is that the petitioner has no criminal antecedent and he is in jail custody since 18.1.2008. The present case is at best of last seen. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to 2 the satisfaction of Additional Chief Judicial Magistrate, Barh (Patna) in Bakhtiyarpur P.S.Case No. 197 of 2007. Tahir/- ( Shyam Kishore Sharma, J.)