IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52298 of 2008 MD. ISRAZUL @ CHHOTU MIAN, son of Ahmad Hussain, resident of Village Pachhar, P.S. Jainagar, District Madhubani. ---Petitioner Versus STATE OF BIHAR ----------- 4. 13.8.2009 Heard the learned counsel for the petitioner and the State. The offence alleged against the petitioner is under sections 364, 302 and 201/34 of the Indian Penal Code. It is submitted that although the petitioner is a named accused, but he has been implicated in this case on mere suspicion. The specific allegation in the F.I.R. of taking away the husband of the informant is against other co-accused persons, namely, Ram Kishun Mukhiya, Shital Singh and Hare Ram Yadav. The allegation is that when these co-accused persons along with her husband reached nearby the shop of one Garbhu Mukhiya, this petitioner along with co- accused Bechan Paswan and Braj Kishore Singh were standing there and from there all the seven persons went away on different motorcycles. However, the husband of the informant did not come back. It is further submitted that similarly placed co-accused Bechan Paswan has been allowed bail by this Court as per the order dated 2.4.2009 passed in Cr.Misc. No.46804 of 2008. The learned APP on perusal of the case diary is not in a position to refute the above submissions. Considering the facts and circumstances of the case, 2 let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Madhubani, in connection with Ladania P.S. Case No.92 of 2008. PNM (Shailesh Kumar Sinha, J.)