IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40469 of 2009 1. ARSAD, Son of Masih Alam 2. Ishteyaque @ Janbabu, Son of Late Muzaffar Hussain 3. Heera , Son of Late Muzaffer Hussain All residents of village Balasath, P.s. Nanpur, District Sitamarhi …… Petitioners Versus STATE OF BIHAR …. Opposite Party ----------- For the Petitioners : Mr. Rama Kant Sharma, Sr.Advocate For the State : Mr. Uma Shankar Pd. Singh, A.P.P. For the informant : Mr. S.A.Samshi, Advocate ----- 3 13.05.2010 Heard learned counsel for the petitioners, the State and the informant. The petitioners seek bail in a case registered for offences punishable under Sections 302 and 120B of the Indian Penal Code. It is submitted on behalf of the petitioners that as per the allegation the deceased was having a love affair with married daughter of co-accused Abdul Allam and as a compromise he was called upon to sign a bond for the purpose of marriage. However, when the deceased came to the house of the co-accused Abdul Allam, all the persons described in the first information report including the petitioners, who were - 2 - variously armed with ‘hathauri’, wooden log as well as ‘khanti’ etc. assaulted him causing death. However, from the postmortem report, it would be manifest that there would be only one injury on the vital part, i.e., the head of the deceased, however, other injuries on the leg and arm of the deceased. Learned counsel further contended that one of the co-accused, namely, Abdul Allam @ Abdul Alam, who had some motive and had similar allegation of assault by a wooden log, had already been granted bail by a Bench of this Court vide order dated 23.3.2010 passed in Cr. Misc. No. 34984 of 2009. A certified copy of the aforesaid order is produced. Let the same be kept on record. Petitioner is stated to be in custody since 17.8.2009. Learned counsel for the informant submitted that all of them had tied the deceased and thereafter variously assaulted causing death. The case had already been committed to the Court of Sessions. In the facts and the circumstances of the case, the aforesaid petitioners are directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount - 3 - each to the satisfaction of the Sub Divisional Judicial Magistrate, Pupri at Sitamarhi in connection with Nanpur P.S. Case No. 53 of 2009, with a further condition that one of the bailors of the each petitioner must be a close relative or family member of the concerned petitioner, who shall file affidavit before the concerned court giving complete genealogy to show his or her relationship with him. Further the petitioners shall be well represented on each and every date during the course of trial and if they fails to do so on two consecutive dates, their bail bonds could be liable to be cancelled. Let the trial court shall take every possible steps for expeditious disposal of the trial. Spd/- (Dr. Ravi Ranjan, J.)