IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42165 of 2009 SHIV SHANKAR JHA son of late Madhukar Jha, R/O village Hatwaria,P.S. Harlakhi, Distt- Madhubani.. Versus THE STATE OF BIHAR . ----------- 2. 14.12.2009. Heard learned counsel appearing on behalf of the petitioner, the informant and the State. The petitioner is an accused in Harlakhi P.S.Case No.48 of 2009 for the offence punishable under Sections 364, 120B and 201 of the Indian Penal Code. The substance of allegation as set out in the first information report against the petitioner is that some persons who were residing along with the deceased took him to Nepal on the pretext of Darshan at Langurkhola temple and there they have done away with the deceased who is the husband of the informant. The reason assigned in the first information report is that the deceased was a witness to a case in which one of the accused persons was alleged to have committed a theft of Rs.10 Lacs from his employer. Learned counsel for the petitioner submits that it is a case of drowning and the circumstances surrounding the case no where 2 accuse any finger towards this petitioner. He further submits that the informant herself has stated that the accused persons along with some 150 persons had gone for the Darshan to Langurkhola but none of them have stated against this petitioner. Learned counsel, in fact, submits that this petitioner has not been named as one of the persons who were alleged to have committed the theft but his name has been included subsequently merely on suspicion. He submits with reference to the autopsy report placed at Annexure-2 that the cause of death has been concluded due to Fresh Water Drowning. With reference to the document placed at Annexure-4 regarding the statement of the cousin brother of the deceased, he submits that the deceased died due to drowning in the Kamla river on way of crossing the same for the Darshan. He submits that the allegation as set out against the petitioner is not correct. Having regard to the facts and circumstances of the case, let the petitioner Shiv Shekhar Jha be released on bail on furnishing bail bond of rs.10,000/- (ten thousand) with two sureties of the like amount 3 each to the satisfaction of the Chief Judicial Magistrate, Madhubani in connection with Harlakhi P.S.Case No.48 of 2009. ahk (Jyoti Saran,J.)