Case Facts:
Patna High Court Cr.Misc. No.25397 of 2012 (3) dt.13-08-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.25397 of 2012 ====================================================== 1. Santu Singh S/O Shambhu Singh Resident Of Villgae- Dumari, P.S.- Patahi, District- East Champaran. 2. Rakesh Kumar S/O Lalan Singh Resident Of Villgae- Dumari, P.S.- Patahi, District- East Champaran .... Petitioners Versus 1. The State Of Bihar .... Opposite Party ====================================================== CORAM: HONOURABLE MR. JUSTICE GOPAL PRASAD ORAL ORDER 3 13-08-2012 Heard learned counsel for the petitioners and the State. This is a petition for grant of regular bail for offence under [STATUTE] . It is alleged that Santu came and took the deceased, the son of the informant, on 09.08.2010 and the dead body was found on 10.08.2010 and along with Santu, Lallan Singh and Prabhu Nath Singh were also there. The death was found due to asphyxia due to strangulation. However, the witnesses in paragraphs 9 and 10 have stated that they have learnt that Santu and Bikki jumped in the pond while the deceased was drowning, the villagers surrounded and saved one person. The learned counsel for the petitioners submits that there is no direct evidence of assault and the case hinges on circumstantial evidence, however, it was not explained that how the death was due to strangulation. Hence, having regard to the facts and circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Patahi P.S. Case No. 69 of 2009 to the satisfaction of the Subdivisional Judicial Magistrate, Sikrahana, Motihari, East Champaran, subject to the condition that the petitioners shall appear in Court on each and every date, fixed in the case and any absence, on two consecutive dates, without any reasonable ground to the satisfaction of the Court below, shall be a ground of cancellation of bail of the petitioner(s) by the lower Court itself. SA/- (Gopal Prasad, J)

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.