IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 13132 of 2008 PRAKASH YADAV Versus THE STATE OF BIHAR ----------- 2 16.05.2008 The petitioner is in custody since 13.03.2007 in Jhajha Police Station Case No 47 of 2004 instituted under Sections 302/34 of Indian Penal Code. The allegation is that the younger brother of the petitioner Rajesh Yadav was married to Geeta Devi, the daughter of the informant twelve years ago and on 09.05.2004, informant received information that his daughter had died and on visiting the place, he found dead body of his daughter on the cot. He was disclosed that she died of drowning in the well. He thought that she was strangulated and then thrown in the well. It is pointed out that, after investigation, police submitted chargesheet under Sections 306/34 of Indian Penal Code but the learned Magistrate took cognizance under Sections 302/34 of Indian Penal Code. It is further pointed out that the younger brother of the petitioner that is Rajesh Yadav, who was the husband of the deceased, has already been granted bail by this Court by order dated 16.12.2004 passed in Cr Misc No 36790 of 2004. In the facts and circumstances of the case, the petitioner Prakash Yadav is directed to be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Jamui in Jhajha Police Station Case No 47 of 2004. M.E.H./ (Navaniti Prasad Singh)