IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15769 of 2008 BABUJAN MIAN @ BABUJAN MAIYAN & ORS Versus STATE OF BIHAR ----------- 3. 8.7.2008 Heard. The case is under sections 302, 201 etc. of the Indian Penal Code. Four petitioners are named in the F.I.R. Petitioner, Babujan Mian @ Babujan Miyan is alleged to have brought a girl and kept her at the house of petitioner, Sanif Mian and after some times is alleged to have killed and buried her dead body near the house of petitioner, Sanif Mian. The dead body appeared exhumed and the post mortem report copied at paragraph-57 of the case diary indicates that the lady was strangulated to death. Statement of witnesses at paragraphs-8,9 and 10 indicates that the lady was seen for some days in the village and thereafter petitioner Babujan Mian @ Babujan Maiyan went away and the lady was also seen giving rise to suspicion of some foul play. The lady was kept at the house of Sanif Mian. The lady was murdered as may appear from the post mortem report and it was petitioner Babujan Mian @ Babujan Maiyan who had brought her and kept her at the house of petitioner Sanif Mian. In that light, prayer for bail of petitioners namely Babujan Mian @ Babujan Maiyan and Sanif Mian is dismissed. As regards petitioners namely Khesari Mian and Hoda Mian, except suspicion and susceptible materials, there does not appear anything against them and in that light, let petitioners Khesari - 2 - Mian and Hoda Mian be released on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bettiah(West Champaran) in connection with Sahodara P.S. case no.26 of 2007. sudip ( Dharnidhar Jha, J )