IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.36480 of 2008 BHOLA MIAN @ USMAN & GUDDAR MIAN @ INDRISH BOTH SONS OF ABDUL MIAN, RESIDENT OF VILL-SUSTA DHARAMPUR,P.S.SAKRA, DISTRICT-MUZAFFARPUR Versus STATE OF BIHAR ----------- 2. 29.9.2008 Heard. The case is under Section 379 IPC or to be ax-act it could be under Section 380 of the IPC as the informant found some thieves entering her house and committing theft inside it. She has given the details of the theft articles which were taken away by the thieves. She has stated that she saw the thieves running away but did not name them at that particular place of the FIR. It was subsequently stated by the informant that some of the villagers caught hold of the two petitioners and accused them of committing theft and asked them to compensate the informant by purchasing the theft article and handing over the same to her. Not only that the villagers had taken the two petitioners to Muzafarpur for purchasing the articles. The contention is that the petitioners were beaten up and were subjugated to confess to their guilt and were forced to cough up the - 2 - price of the articles, but still the informant did not claim the articles which have been shown seized by the petitioners. Let the above named two petitioners be released from custody on furnishing bond of Rs.3,000/-(three thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Muzaffarpur in Sakra P.S.Case no.195 of 2008 B.Kr. ( Dharnidhar Jha, J. )