IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37560 of 2009 Sujeet Kumar @ Sujit Kumar, son of Awadhesh Chaudhary, Resident of Village- Bajitpur, P.S. Bajpatti, District-Sitamarhi. …….Petitioner. Versus The State of Bihar ……………………….Opposite Party. For the petitioner :- Mr. Pushpendra Kumar Singh,Advocate. For the State :- Mr. Ram Priya Sharan Singh, A.P.P. ----------- 3. 05. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 328 and 302 of the Indian Penal Code, the present petitioner is himself informant of this case. The petitioner happens to be younger brother of the deceased Santosh Kumar Chaudhary. On complain about certain abdominal pain, deceased was taken to Doctor at Sitamarhi by this petitioner and thereafter, he was taken to Muzaffarpur for better treatment. The petitioner appears to have remained present during the course of treatment of the deceased, but unfortunately he could not survive and finally he died during the course of treatment. Subsequently during the course of investigation, wife of the deceased as also his in-laws raised suspicion against the petitioner about his complicity in crime in question on the ground that there was some dispute between the deceased at one side and his family members including the petitioner at the other side, but admittedly, there is no material to directly connect the petitioner with the crime in question. The entire prosecution case against the petitioner appears to be based on suspicion and surmises. 2 Taking into consideration the facts and circumstances of the case, in the event of his arrest/surrender in connection with Bajpatti P.S. Case No. 54 of 2009, within a period of four weeks from today, the petitioner, namely, Sujeet Kumar @ Sujit Kumar, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Pupri at Sitamarhi, subject to the conditions as laid down under Section 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)