IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46285 of 2009 1.ALGU SAH son of Chhathu Sah 2.Satinath Sah son of Mewa Sah 3.Munna Devi wife of Satinath Sah 4.Jitendra Sah son of Satinath Sah, all r/o village Madarpur, P.S. Masharak, Dist. Saran ….Petitioners. Versus STATE OF BIHAR ----------- 3 5.4.2010 A supplementary affidavit has been filed on behalf of the petitioners today in court. Let it be kept on record. Heard Mr. Ramchandra Sahni, learned counsel appearing for the petitioners and Mrs Pushpa Sinha, learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Masarak P.S. Case No. 198 of 2004 dated 14.9.2004 registered under section 302, 201/34 of the Indian Penal ode. It is submitted by learned counsel for the petitioners that in the FIR vide annexure-1 petitioners no.1, 2 and 4 were not named as accused. Only petitioner no.3 has been named as accused in the said F.I.R. On close of investigation police submitted final report even against the named accused i.e. petitioner no.3. Other three petitioners were not charge sheeted. A protest petition filed by the informant was treated as complaint, but that was also dismissed by learned Magistrate by order dated 25.8.20087 vide annexure-2. Against the aforesaid order informant went in revision before the learned Session Judge, which was finally allowed by order dated 21.4.2009 and matter was remitted back for fresh consideration, where after cognizance has been taken against all the petitioners besides others by the learned Magistrate. - 2 - Learned counsel for the State has also not disputed the aforesaid position. In the aforesaid back ground, let the above named petiotners in the event of their arrest or surrender in the court below within four weeks from today, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Saran at Chapra in the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Vedrma, J) M.Rahman