IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35037 of 2010 Madan Sao @ Madan Sah, son of Late Ramjee Sao, resident of Village Atapur, Tola Navtolia, P.S. Hasanpur, District Samastipur…………………………………………..…….Petitioner Versus The State Of Bihar………………………….Opposite Party ----------- 2 07.10.2010 Heard learned counsel for the petitioner as well as learned counsel for the State. The case is under Sections 302 and 201 read with Section 34 of the Indian Penal Code. Petitioner happens to be father-in-law of the deceased. As per the first information report, it appears that the deceased was married with the son of the petitioner five years ago and since about last ten months she was having differences and quarrel with husband’s family for which she had filed a case. However, on compromise, the same was withdrawn. On the fateful day, the informant came to know that her daughter had been killed by the accused persons. On this information, the informant and others went to the place and found the dead body lying on the verandah with a plastic rope tied around the neck. It is said that the informant came to know that accused persons 2 had killed the deceased in the night. On this information, the case was instituted. Learned counsel for the petitioner submits that the fact that accused persons had kept the dead body of the deceased in the verandah with rope tied around the neck of the deceased shows that they had not made any attempt to conceal the dead body which establishes that they had no hand in the death of the deceased. He submits that in fact, the deceased had committed suicide may be on account of the quarrel going on between the husband and wife since last ten months. He submits that in the circumstances, the case can be at best under section 306 of the Indian Penal Code and not under section 302 of the I.P.C. He also submits that the mother-in-law has been allowed bail by a Bench of this Court, as stated in paragraph 14 of the bail application. He has also produced a certified copy of a compromise petition filed in the case in which the informant has stated that the case was based on mistaken and misconceived facts. It is also said that petitioner is an old man suffering from heart ailment. 3 Considering the above facts and circumstances, as submitted by learned counsel for the petitioner, this application is allowed. Let petitioner, Madan Sao @ Madan Sah, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Rosera, Samastipur in connection with Hasanpur P.S. Case No.16/2010 with conditions as laid down in sub-section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. BT (J. N. Singh, J.)