IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10356 of 2011 Paro Mandal, S/O-Late Suresh Mandal Versus The State Of Bihar with Cr.Misc. No.15323 of 2011 Nandu Mandal, S/O-Late Nepali Mandal Versus The State Of Bihar with Cr.Misc. No.17227 of 2011 Dubba Mandal @ Deepak Mandal @ Deepak, S/O-Leluwa Mandal Versus The State Of Bihar ----------- 03 13.07.2011 All the above stated petitions are taken enbloc as the said petitions arise out of Kotwali (Barari) P.S. Case No. 252 of 2010 initially, registered under Sections 363 and 365 of the Indian Penal Code but subsequently, Sections 364, 302, 201/34 of the Indian Penal Code were added and, accordingly, all the above stated petitions are being disposed of by this common order. All the above stated petitioners are named in the first information report and admittedly, the Ferdbeyan of the informant was recorded on 25.04.2010 at about 09:00 A.M. whereas the alleged occurrence took place on 24.04.2010 at about 09:00 P.M. The informant claims herself to be an eye-witness of the alleged occurrence and states that petitioners took away her husband on the above stated date whereas one Bonga Mahaldar was assaulted by the petitioners and the aforesaid Bonga Mahaldar fled away from the place of occurrence. The contention of learned counsel for the petitioners is that the informant is not an eye-witness of the alleged occurrence and 2 that is why her statement was recorded after 24 hours of the alleged occurrence. It is also contended by him that in course of investigation, same and similar evidence came against other accused i.e. Bindeshwary Goswami, Shankar Mandal and Taira Mandal but all the aforesaid co-accused persons have already been granted privilege of bail by different Benches of this Court. It is most surprising feature of this case that the statement of Bonga Mahaldar has not been recorded by the police. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioners be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 252 of 2010. SHAHZAD ( Hemant Kumar Srivastava, J.)