IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.47062 of 2008 MADAN BHAGAT SON OF LATE SUKHAN BHAGAT RESIDENT OF VILLAGE KOTHIA,P.S.TAJPUR (BANGRA),DISTRICT SAMASTIPUR Versus THE STATE OF BIHAR ----------- 3/ 19.2.2009 Heard learned counsel for the parties. The petitioner seeks bail in a case which has been registered for offence under Section 304(B) of the Indian Penal Code against this petitioner and his wife Rakha Devi. The informant has claimed that his sister Babita Devi was second wife of the petitioner. She was having quarrel with the first wife of the petitioner. On the date of occurrence, she took poison and ended herself. Relying upon annexure-2 it has been argued on behalf of the petitioner that in course of post mortem no anti mortem injury was found, so it cannot be a case of torture. Rekha Devi was legally wedded wife of the petitioner and the deceased was not legally wife. 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 the satisfaction of Chief Judicial Magistrate, Samastipur in Tajpur (Bangra) P.S.Case No. 228 of 2008. Tahir/- ( Shyam Kishore Sharma, J.)