IN THE HIGH COURT OF JUDICATURE AT PATNA Cr Misc No 5091 of 2011 Ganeshi Rai, son of late Parichhan Rai, resident of village – Singhbahini, P S – Sonbarsa, District – Sitamarhi - Petitioner Versus The State of Bihar - Opposite Party ----------- 2 09.03.2011 The petitioner is in custody in relation to Parihar Police Station Case No 117 of 2009 instituted under Sections 302/34 of Indian Penal Code read with Arms Act. In the first information report, it is alleged by the informant that her husband and two minor children were sleeping outside. In the night, she heard some sound of something falling and in the morning when she went out, she found her husband had been shot in the head and had led to dead. Her children were there. Learned counsel for the petitioner draws attention of this Court to the fact that if the husband of the informant had been shot, surely the informant would have been alarmed and immediately got up to see what had happened. Further, the children could not be sleeping when the husband was shot and no one would do anything till the morning. It is submitted that obviously no one had seen the occurrence and only to falsely implicate the petitioner, because the informant’s family was on serious litigating terms with the brother-in-law of petitioner, petitioner has been named. The main dispute is between the informant’s family and Hari Nandan Rai, the petitioner’s brother-in-law. Learned counsel for the State points out that the bail application of Hari Nandan Rai was dismissed by this Court in Cr Misc No 15089 of 2010 by order dated 10.08.2010. Learned counsel for the petitioner points out that there is difference between Hari Nandan Rai and informant and petitioner has nothing to do with the dispute as 2 between Hari Nandan Rai and the informant. He also draws attention of this Court to the improbability of the allegation, as made. Be that as it may, the petitioner abovenamed 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, Sitamarhi in Parihar Police Station Case No 117 of 2009. M.E.H./ (Navaniti Prasad Singh)