IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6924 of 2009 1. Rajesh Kumar son of Late Garib Das Mahto resident of village Haripur, P.S. Allouli, District Khagaria 2. Rajo Chaudhary son of Late Sanichar Chaudhary, resident of village Haripur, P.S. Allouli, District Khagaria Versus STATE OF BIHAR ----------- 02/ 27.07.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with a case registered for the offence under Sections 302, 201/34 of the Indian Penal Code, which was lodged against Surendra Mahto and Ram Bilas Mahto. Petitioners are not named in the First Information Report. They have, however, been implicated by the informant as the one who assisted him in disposing of the dead body in the river. Later, the body was taken out from the river and autopsy performed and from the report of the post-mortem, it appears that the deceased had not committed suicide, but was killed by strangulation as the cause of death is asphyxia. It is submitted on behalf of the petitioners that during the investigation, the only material collected in the case diary against them is that they have assisted the informant in disposing of the body in the river. Let the petitioners above named surrender in the court of Chief Judicial Magistrate, Khagaria in connection with Allouli P.S. Case No. 157 of 2007 within four weeks from today 2 and the court below should verify from the case diary whether any other material has been found by the Investigating Officer during investigation connecting the petitioner with the killing of the deceased and if there is no material in the case diary beyond the material that they assisted the informant in disposing of the dead body in the river, then they be allowed the privilege of bail, otherwise, the court below shall pass appropriate orders in accordance with law. Until such verification in the light of this order, no coercive steps be taken against the petitioners. Let this order be communicated to the court below through fax on payment of usual charges by the petitioners. Arjun/ ( V.N. Sinha, J.)