IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36268 of 2011 Dhananjay Das @ Bechan Das S/O Pusho Das @ Kusheshwar Das R/O Vill.- Hathauri, P.S.- Hayaghat, Distt.- Darbhanga …………. Petitioner. Versus The State of Bihar ……….. Opposite Party. ----------- 02/ 16.11.2011 Supplementary affidavit has been filed on behalf of the petitioner. Heard learned counsels for the petitioner and the State. The petitioner is languishing in custody since 31.05..2011 in a case registered under Sections 364, 366, 376, 302, 201/34 of the Indian Penal Code. It is alleged against the petitioner that he along with Shyam Das and Sheo Shankar Das mediated the marriage of the informant’s sister with Ranjeet Kumar. It is also alleged by the informant that the villagers conveyed that Arbind Poddar, this petitioner and one Ramanand Poddar and Sheo Shankar Das committed rape with the victim and disposed of the dead body. Subsequently the police also recorded confession of this petitioner. It is submitted by the learned counsel for the petitioner that the post-mortem report reflects no external injury and in the opinion of the doctor victim died due to asphyxia. The thrust of accusation is against the husband and accordingly, confession before the police is not admissible. Though, the post-mortem report reflects that due to the decomposition of the dead body the accurate opinion could not be given but no trace has been found with regard to the offence of forceful physical relationship with the victim. Considering the fact that there appears to be no eye witness to the occurrence, let the petitioner namely Dhananjay Das @ Bechan Das, 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, Darbhanga in connection with Hayaghat P.S. Case No. 31 of 2011. DKS/ ( Dinesh Kumar Singh, J.)