IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37378 of 2008 NARAYAN SINGH Versus STATE OF BIHAR ----------- 3. 9.1.2009 Heard Sri Shiva Shankar Sharma, Advocate for the petitioner, Sri Sandeep Kumar, Advocate for the Informant and the learned A.P.P. for the State. The petitioner is in custody in a case under Section 302 IPC. The informant stated in his written report that five other accused persons including the present petitioner came to his cattle shed where his brother Omdeo Singh(deceased)was sleeping and picked him up to take him away who was found subsequently murdered at a particular place. Undisputed fact is that the two sides were on litigating terms for certain immovable properties and there were litigations between the parties. A huge number of witnesses were examined during the course of investigation and they have supported that the two family were litigating between them for certain immovable properties and on that account either the accused persons could be implicated or they may also commit the offence. Some of the witnesses who were examined by the - 2 - investigating officer in paragraphs 8, 10, 11 etc, pointed out that it could be the very family members of the deceased who could have committed the offence inasmuch as the deceased was carrying on an illicit relationship with the wife of Murarai Singh who was living away from his house in Mumbai and when he came he learnt about the relationship, there was quite some ruckus between the two as a result of which some assault took place for which a Panchayati was also held but there was no resolution of the difficult situation and as such the deceased was killed by the family members. There is wide support from persons other than the family members that they had seen the family members, like, Shambhu Prasad Singh and Murari, carrying a bundle which was put under a Peepal tree near the place, the dead body was found. Other angle of commission of the offence by the very family members of the deceased appears stated by some of the witnesses that there was some dispute between the deceased and Shambhu Prasad Singh and Murari who wanted some part of the joint family property sold out for purchasing a piece of land in the township of Saharsa and on that - 3 - account the deceased could be killed. The learned counsel appearing for the State as also Sri Sandeep Kumar, Advocate who appears for the informant have resisted the prayer tooth and nail and have pointed out that there is ample support of the allegations that it could be the petitioner and others who could have committed the offence and further that the very conduct of the investigating officer was not above board and that was castigation by the DIG and IG of the region as may appear from paragraphs 147 and 187 of the case diary. Be that as it may, having regard to the material presented by the investigation as also considering the submissions, I direct the above named petitioner to be released on bail on furnishing bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Madhepura in Udakishunganj(Gwalpara)P.S.Case No.82 of 2007. B.Kr. ( Dharnidhar Jha, J. )