IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34457 of 2009 MD.RAFIQUE, SON OF MD. WAHAB, RESIDENT OF VILLAGE DHANPURA, P.S. KOCHADHAWAN, DISTRICT- KISHANGANJ………………………………………PETITIONER. Versus THE STATE OF BIHAR………………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Y.V. Giri, Senior Advocate and Manoj Kumar, Advocate. For the State : Mr. R.P.S. Singh, A.P.P. ------------- 4. 8.12.2009. 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 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the F.I.R. was lodged against Amardeep Singh and few unknown persons. The petitioner is not named in the First Information Report. The name of the petitioner has surfaced during the course of investigation only on the basis of suspicion that since he was having soft relationship with the wife of the aforesaid named accused Amardeep Singh and he might be instrumental in killing of the deceased. The petitioner is stated to be in jail custody since 18.5.2009. It has also been submitted 2 that there is no direct or indirect evidence against the petitioner. Learned A.P.P. for the State submitted that though the petitioner has not been named in the F.I.R. but during the course of investigation the name of the petitioner has come as he was having soft relationship with the wife of the named co- accused Amardeep Singh and he might be instrumental in the alleged occurrence. Having regard to the facts and the circumstances of the case, the petitioner, Md. Rafique, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Kishanganj, in connection with Kochadhawan P.S. Case No.36/2009. P.S. (Dr. Ravi Ranjan, J)