IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37045 of 2010 Neeraj Kumar Versus State Of Bihar ----------- 05/ 30.09.2011 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State. Petitioner is in jail custody since 27.5.2010 in a case registered under section 302/34 of the IPC. According to the prosecution case on the alleged date of the occurrence a scuffle took place between the informant and the petitioner as well as other accused and in the aforesaid scuffle when the deceased came to rescue to her husband, allegedly, petitioner and co-accused Tulu Kumar put muffler around her neck and pulled the same as a result of which she died then and there. The post mortem report of the deceased corroborates this fact that the deceased died on account of strangulation but submission of learned counsel for the petitioner is that it is the specific case of the prosecution that two persons put muffler around the neck of the deceased and pulled the same. So, it is not specific as to who committed murder of the deceased and furthermore, it is not possible that two persons would put muffler around the neck of the deceased and would kill her. Be that as it may, considering the nature of the case as well as this aspect of the matter that trial of the petitioner has not been started as yet which is evident from the report of the learned Addl. Chief Judicial Magistrate, Danapur, let the petitioner, Neeraj Kumar, 2 be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate, Danapur (Patna) in Maner P.S. Case no. 35/2010. shahid (Hemant Kumar Srivastava,J)