IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12243 of 2009 TETAR MAHALDAR @ TETRU MAHALDAR Versus STATE OF BIHAR ----------- 3 15.9.2009 Heard learned counsel for the petitioner and learned APP for the State. Petitioner is in custody since 12.11.2008 in relation to Jokihat (Mahalgaon) P.S. Case No. 181 of 2008 which was registered under sections 302, 201/34 and 120B of the Indian Penal Code. Fardbeyan was lodged on 7.9.2008 by one Birendra Lal Yadav alleging therein that in the morning at about 4.30 A.M. he had gone along with buffalo to southern bandh leaving his son aged about six years at the veranda and his wife who was sleeping in the house. At about 7.00 A.M. a hue and cry was raised that Neeraj who was son of the informant was traceless since morning. Search was made but nothing was found. It is alleged that in the morning one Jageshwar Biswas informed him that he had seen a lady in red Saree who happens to be the wife of the petitioner came out from paddy field and the body of the informant’s son was found near Balua field under chest deep water. Submission of learned counsel for the petitioner is that except suspicion there is nothing against the petitioner to link with the crime. Postmortem report indicates that the son has died due to drowning and there is no other evidence of violence. The - 2 - wife of the petitioner has already been enlarged on bail in the noted circumstances. The petitioner has been made accused only on suspicion on the ground that before the occurrence some altercation took place between the deceased and the petitioner. It is also submitted that if the petitioner is enlarged on bail he will cooperate in the trial. Keeping the above submission in mind, let the petitioner, namely, Tetar Mahaldar @ Tetru Mahaldar be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Araria in connection with Jokihat (Mahalgaon) P. S. Case No. 181 of 2008. It is also recorded that the petitioner will cooperate in the trial and shall not abscond. RPS (Ajay Kumar Tripathi, J.)