IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26208 of 2010 1. BIMLENDU CHOUBEY son of late Surya Narayan Choubey 2. Brijesh Choubey son of Bimlendu Choubey 3. Ankur Choubey son of Bimlendu Choubey------------Petitioners. Versus STATE OF BIHAR . ----------- 2. 20.8.2010 Heard Learned counsel for the petitioners and the State. Petitioners are shown assailants of informant’s mother that is doubted on the ground that earlier informant’s father was shown kidnapped and a case was filed for the same. In that connection it is shown that deceased was going to accused persons abusing even for which she was assaulted but his father has been shown as witness of the incident. Both the cases of kidnapping and murder were found false. Final form is submitted even then cognizance is taken. In the same continuation it is submitted on behalf of the petitioners that dead body was handed over to the informant from the hospital and statement was given on his behalf without any allegation against these petitioners. If there would have been case of murder, post mortem examination was possible which was not done. Having regard to the facts and circumstances of the case, in the event of arrest or surrender within a period of one month from the date of receipt/production of a copy of this order, above named petitioners shall 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, Siwan, in connection with Mairwa P.S. case no.119 of 2008 ,subject to the conditions as laid down under section 438(2) of the Code of Criminal 2 Procedure. Sudip ( Mandhata Singh,J )