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Judgment
K.S. Gupta, J.—Criminal liability with the aid of Section 120-B, IPC for murder of his wife on 16th July, 1999, was sought to be fastened on the petitioner on the basis of extra judicial confession made by co-accused Ramesh @ Danger before Kanta and Mohammed Layak on 23rd July, 1999 as also the fact that this co-accused was known to petitioner from before the occurrence. Mohammed Layak has not been cited as witness. Kanta whose statement was recorded on 24th May, 2001 by the trial court, has not supported the prosecution story in regard to said co-accused having told her and Mohammed Layak that as he had done a big job, and likely to receive Rs. 50,000/- shortly. Having perused the statements of PW-1 Smt. Durga Devi, mother-in-law and PW-5 Dhimesh Kumar, brother-in-law of petitioner on said second circumstance, I am inclined to admit the petitioner to bail. He be released on furnishing personal bond in the sum of Rs. 30,000/- with one surety in like amount to the satisfaction of court concerned.
dusty.