IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40178 of 2008 1. SURENDRA RAJAK 2. SIKANDAR RAJAK @ SIKENDRA RAJAK Both are aons of Domi Rajak resident of village – Raibhitta, Mitta Tola presently resident of village – Shankarpur, P.S. – Shankarpur, Distt. – Saharsa. ----- Petitioners. Versus THE STATE OF BIHAR ----- Opp. Party. ----------- 2 21.10.2008 Heard learned counsel for the petitioners and learned A.P.P. for the State. Both the petitioners are alleged to be the brothers of one Dilip Rajak, they have been charged with substantive offences under section 302/34 of the Indian Penal Code in connection with Shankarpur P.S. Case No. 26 of 2008. Allegation against the petitioners as per the First Information Report is that the daughter of the informant was married to Dilip Rajak and developed illicit relationship with the wife of petitioner no.1. Since the daughter used to protest such relationship, petitioners connived and killed the daughter of the informant. Submission of learned counsel for the petitioners is that main motive or reason is attributed to Dilip Rajak in the First Information Report, an omnibus allegation has been made against these petitioners because they happened to be the brothers of Dilip Rajak. It is stated that Dilip Rajak is already in custody, in that circumstance these petitioners 2 deserves bail in the matter, it is a case of no eye witness but, no doubt allegation has been made against all the family members. Looking at the facts and circumstance, let the petitioners namely, Surendra Rajak and Sikandar Rajak @ Sikendra Rajak, be enlarged on bail on furnishing bail bond of sum of Rs. 20,000/- (twenty thousand only) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in connection with Shankarpur P.S. Case No. 26 of 2008 with a direction that they shall neither abscond or interfere with the court’s justice and shall cooperate in the trial. Rajeev/ (Ajay Kumar Tripathi, J.)