IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14361 of 2009 UMA SHANKAR SAHANI & ANR Versus STATE OF BIHAR ----------- 4. 27.10.2009 The two petitioners have been made accused in a case being Chiraiya P.S.Case no.33 of 2007 for the offences under Section 364, 302, 201/34 IPC, which originated from Complaint case no.544 of 2006 filed before the S.D.J.M., Sikrahana. The matter was referred to the Police for further investigation under Section 156(3) of the Code of Criminal Procedure and that is how the present case came to be lodged. The submission of the learned Senior Counsel for the petitioner is that the origin of the case by way of complaint, non-lodging of F.I.R. after so called kidnapping and murder of the brother of the complainant itself creates doubt on the whole thing. Further, no doubt, a beheaded body was found by the Police which was claimed to be of the deceased, but it emerged during investigation that the body was handed over to the kith and kin of another case being Chakia P.S.Case no. 179 of 2006. It was in this background that some of the accused have already been enlarges on anticipatory bail by this Court. Case of the petitioner is no different and it, at best, a case of suspicion. The deceased was a notorious criminal and taking advantage of this fact, the present case has been instituted by malice. Be that as it may, taking some of the contentions of the petitioners, as noted above, let petitioners (1) Uma Shankar Sahani and (2) Raja Lal Sahani be enlarged on bail on their furnishing bail bond of Rs.20,000/ (Rupees twenty thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Sikrahana at Motihari in Chairaiya P.S.Case No. 33 of 2007. One of the sureties will be executed by the father on due identification. Petitioners are directed to co-operate in the trial by appearing in the court either through themselves or through their counsel. Jay/ ( Ajay Kumar Tripathi,J)