IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39273 of 2008 DEGON ROY, son of late Jehal Roy, resident of village-chetuadih, P.S.Khaira, District-Jamui. Versus STATE OF BIHAR With Cr.Misc. No.40260 of 2008 LOBHAK RAI, son of Sahdeo Rai, resident of village-Pipra Khar, P.S.Khaira, District-Jamui. Versus STATE OF BIHAR ----------- 3. 3.2.2009 Heard Sri Pankaj Kumar Sinha No.2, Advocate for the petitioner Degon Roy, Sri Chandra Mohan Jha, Advocate for the petitioner Lobhak Rai and the learned A.P.P. for the State. The case is under Sections 302, 364 etc IPC. The son of the informant was taken away by the accused persons named in the FIR. Son of the deceased, namely, Dhananjay Modi was also taken away by the accused but he came back after some times who stated that the accused persons had taken the son of the informant namely, Yugal Yadav towards river after tying his hands. The dead body of the son of the informant was found out after few days of the incident. The reason for commission of the offence was dispute for certain land in between the informant and Prakash Yadav and others who were Gotiyas. - 2 - The contention is that the Dhananjay Modi has been examined and in course of trial, he has not supported the allegation. The further contention is that the occurrence appears true but the implication of the accused persons appears false on two counts inasmuch as there could not be any intent for the accused persons like Lobhak Rai who did not have any interest in litigation, to participate in the commission of the offence like the other petitioner, Degon Roy and also because some of the lady family members of the accused persons have also been implicated which are not supposed in the prevailing customs in our society to participate in such serious offences. It was further contended that the petitioners have remained in custody for about a year or more than that. It is very difficult to say as to why a man could be motivated to participate in a particular offence. Holding direct interest into a litigation or in commission of an offence may not also always be there, an accused could be motivated for many reasons even a very trifle reasons could be sufficient to motivate a man or a person to commit an offence. Our society - 3 - has complex characters who are often found indulging in offences for no reasons or for very trifle and inconsequential reasons. The allegations are directly made about the participation of the accused persons in coming to the house of the informant and taking away her son, considering which, the prayer for bail of the above named two petitioners is dismissed. B.Kr. ( Dharnidhar Jha, J. )