IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23952 of 2010 Tankesh Yadav, son of Late Biranchi Yadav, Resident of Village- Rampur, Police station-Gogri, District-Khagaria. ……Petitioner. Versus THE STATE OF BIHAR … Opposite party. ----------- 03/ 12.10.2010 Heard learned counsel for the petitioner and learned counsel for the State. Petitioner is an accused for offences punishable under Sections 364, 302, 201/34 of the Indian Penal Code. The claim of the informant is that on the date and time of the alleged occurrence, Chaukidar of Ranko Mahal awakened the informant and directed him to accompany him to police station. While they came near the house of Buchchi Devi, the Chaukidar dragged him towards the house of Buchchi Devi where the accused Ram Balak Tanti directed him to sit and further said that he would be murdered along with Sheela Devi. Thereafter the accused persons went to the house of Sheela Devi where she was sleeping along with her two sons and threw her from the roof due to which she died, but the informant managed to flee. Learned counsel for the petitioner submits that although petitioner is not named in the complaint case, but subsequently the prosecution developed the case that Sheela Devi was the wife of Subodh Yadav and in his absence she developed illicit relationship with the petitioner and thereafter the petitioner managed the entire affair. Learned counsel for the petitioner further states that from the case diary it transpires that there is only suspicion against the - 2 - petitioner and there is no evidence on record to implicate him in the instant case. Considering the facts and circumstances of the case, this petition is allowed. Let petitioner Tankesh Yadav be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Gogri Police Station Case No.157 of 2008 (G.R.No.1995 of 2008). Sunil (S. N. Hussain, J.)