IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32054 of 2010 DHARMENDRA KUMAR Versus STATE OF BIHAR ----------- 4 02.12.2010 Heard learned counsel for the petitioner as well as learned counsel for the state. Petitioner is not named in the FIR but during investigation, when statement of FIR named accused, Soni Devi was recorded by the police as well as by the court under sections 161 & 164 of the Cr.P.C. respectively, the aforesaid, Soni Devi made exculpatory statement stating therein that it is the petitioner and others who committed the murder of her husband. But from perusal of the First Information Report, it is apparent that the father of deceased claims himself to be an eye witness of the alleged occurrence and he stated that only three persons had participated in committing the murder of the deceased. The father of the deceased is no where stated about the involvement of the petitioner in the alleged crime. Considering the aforesaid facts and circumstances as well as submission of the parties as also keeping in mind this fact that petitioner does not have any criminal antecedent, I direct the petitioner, namely, Dharmendra Kumar to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the 2 like amount each in connection with Danapur P.S. Case No. 137 of 2010 to the satisfaction of Additional Chief Judicial Magistrate, Danapur, Patna. AKV/- ( Hemant Kumar Srivastava,J.)