IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.937 of 2011 SANJAY RAI @ NANHAKI, SON OF NAGESHWAR RAI, RESIDENT OF CHHOTI NAGALA, SANGRAMCHAK, P.S.- MALSALAMI, DISTRICT-PATNA. ……Petitioner. Versus THE STATE OF BIHAR ----------- 2 11.01.2011 Heard learned counsels appearing on behalf of the petitioner and the State. The petitioner is languishing in custody since 03.08.2010 in a case registered under Sections 302, 201,34 and 120(b)of the I.P.C. The F.I.R. was lodged against an unknown alleging that a dead body in a rotten condition was recovered from a well on 25-5-2010. The dead body could not be identified. The postmortem report reflects the death of deceased due to asphyxia and ligature mark was also found. Petitioner’s name sprang up in the confessional statement of one Mantu Rai and Upendra Rai before the police. The impugned order reflects victim’s daughter saw the petitioner taking the victim to the upper floor of the roof wherein victim’s neck was pressed. It is submitted that after registration of the case the confessional statement has been 2 obtained by the police and had the victim’s daughter seen the occurrence then victim daughter’s version would had been incorporated in the First Information Report. The impugned order does not reflect that on disappearance of the victim any intimation was given to the police. Considering the fact that there is no eye witness to the occurrence and the confession is before the police. Moreover, victim’s daughter statement does not inspire confidence, let the petitioner above named be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Patna City in connection with Malsalami P.S. Case No.101 of 2010. PN (Dinesh Kumar Singh,J.)