IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.37846 of 2011 Tuntun Jha @ Rudra Narain Singh, S/O-Late Medinikant Jha Versus The State Of Bihar ---------------------------------- 02 25.11.2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State assisted by learned counsel for the informant. Petitioner is in jail custody in a case initially, registered under Section 364 of the Indian Penal Code but subsequently, Sections 302, 201/34 and 120 B of the Indian Penal Code were also added. Admittedly, petitioner is not named in the first information report and in course of investigation it came to light that deceased had gone to the house of the petitioner where he was killed. The statement of daughter of this petitioner was recorded under Section 164 of the Cr.P.C. in which she stated that deceased attempted to commit rape on her but in the meantime, her brother, namely, Chandan Jha and others came there and the villagers assaulted the deceased as a result of which he died then and there. The aforesaid witness has nowhere stated about the presence of this petitioner at the time of the alleged occurrence. Moreover, above stated Chandan Jha as well as some other co-accused have already been granted bail. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two - 2 - sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Muffasil (Begusarai) P.S. Case No. 77 of 2011. SHAHZAD (Hemant Kumar Srivastava, J )