IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35621 of 2009 SURAJ BHUIYAN Versus STATE OF BIHAR ----------- 3 7.12.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner’s name does not figure in the FIR which was instituted in Dhibra Police station as Case No. 19 of 2008 for the offence under sections 302, 201/34 of the I.P.C. The case was instituted at the instance of one S.I. of Dhibra Police Station stating in the fardbeyan that one Rumti Devi has registered a U.D. Case No. 1 of 2008 about the death of one Lakeshari Devi by drawning. It emerged during investigation that the death was not caused by drawning but by strangulation and the body was thrown in the water with a view to destroy the evidence. Matter was investigated. Three persons were named as persons responsible which included Rumti Devi, Rajendra Bhuiyan and Mahendra Bhuiyan. Submission of learned counsel is that during investigation no doubt the petitioner has been chargesheeted but there is no evidence to show his participation in the said crime though there could be some material with regard to his complicity but that too is based on suspicion. With no clear evidence emerging against the petitioner he should be given indulgence of bail by benefit of doubt. With the materials what they are, let the petitioner, namely, Suraj Bhuiyan be enlarged on bail on furnishing bail bond - 2 - of Rs. 15,000/-(Rs. Fifteen thousand) with two sureties of the like amount each to the satisfaction of 1st Additional Sessions Judge, Aurangabad (Bihar) in connection with Sessions Trial No. 95 of 2009/525 of 2009 arising out of Dhibra P.S. Case No. 19 of 2008. One of the sureties to be executed by the father of the petitioner and the other by a close blood relation of the petitioner on due identification by the court below. The petitioner shall cooperate in the trial by appearing on each and every date fixed in the case either by himself or through his counsel. RPS (Ajay Kumar Tripathi,J.)