IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13264 of 2009 MD. SAJAD, SON OF MD. SAMIM, RESIDENT OF VILLAGE PARWALPUR, POLICE STATION HILSA, DISTRICT NALANDA Versus STATE OF BIHAR ----------- 3. 10.07.2009 Heard learned counsel for the petitioner and learned counsel for the State. The case is under sections 328 and 302/34 of the Indian Penal Code. Petitioner’s bail was earlier rejected by order dated 19.12.2007 passed in Cr. Misc. No.54615 of 2007, a copy whereof is annexed as Annexure-1. From the earlier order of this Court, it appears that this is not a case of demand of dowry or torture for the same. Case diary was called for and after going through the case diary, Mr. Mehta, learned A.P.P., fairly submits that contradictory evidence has come during course of investigation with regard to administering of poison to the deceased by the petitioner as well as of having consumed poison herself. Petitioner is in custody since 7.7.2007. Considering the statements of the witnesses having been recorded during the course of investigation under Section 161 of the Cr.P.C. - 2 - and considering the period of incarceration of the petitioner, the application is allowed. Petitioner (Md. Sajad) is directed to be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional District Judge-cum-Fast Track Court No. III, Nalanda at Biharsharif in connection with S. Tr. No.400/08 arising out of Hilsa P.S. Case No.121/2007. B.T (J.N. Singh, J.)