IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42903 of 2009 RAJDEO SAO @ RAMDEO SAO, Son of late Bishun Sao, Resdient of Rajendra Asthan Tilha Dharamshala, P.S. Civil Line, Gaya, District Gaya ….. .. Petitioner Versus STATE OF BIHAR …. Opposite Party ----------- For the petitioner : Mr. Amitesh Kumar, Advocate For the S t a t e : Mr. Upendra Kumar, A.P.P. ------ 3 26.02.2010 Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 302/34/120(B) of the Indian Penal Code. It is submitted on behalf of the petitioner that he has been implicated in this case only on the basis of fact that the petitioner happens to be the husband of the co-accused Gita Devi regarding whom, the wife of the deceased had alleged, that she was having illicit relationship with her husband for the last more than ten years. It is also contended that apart from suspicion raised and bald allegation made there is no materials on a record to show the complicity or the involvement - 2 - of this petitioner in the alleged murder of the deceased. Learned counsel for the petitioner further submitted that the entire family members have been implicated in this case without any direct, indirect of circumstantial evidence. Petitioner is stated to be in custody since 9.8.2009. Learned counsel appearing on behalf of the State submitted that the allegation has been made against the accused persons of committing of murder of the deceased for the reason that the deceased was demanding back his money from Gita Devi with whom, allegation is, that he was having illicit relationship for the last more than ten years. However, learned counsel for the petitioner submitted in reply that except such suspicion, nothing specific has been come during course of investigation. . In the facts and the circumstances of the case, the petitioner, RAJDEO SAO @ RAMDEO SAO, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten - 3 - Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Masurahi in connection with Dhanarua P.S. Case No. 142/2009. Spd/ (Dr. Ravi Ranjan, J.)