IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.31234 of 2009 BABBAN RAM, SON OF RAMDEO RAM, RESIDENT OF VILLAGE-CHAK PAHAR, P.S. TAJPUR, DISTRICT- SAMASTIPUR………………………………………PETITIONER. Versus THE STATE OF BIHAR……………………OPPOSITE PARTY. ----------- For the Petitioner : M/s. Sadaquat Hussain and Chandramauli Pd. Singh, Advocates. For the State : Mr. R.P.S. Singh, A.P.P. ------------ 3. 27.11.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. The petitioner is an accused in a case registered under Sections 376/302 of the Indian Penal Code. It has been submitted on behalf of the petitioner that he is not named in the F.I.R. The name of the petitioner has subsequently appeared after five days of the alleged occurrence as one of the witnesses has stated that the petitioner was seen coming out of the hut of the deceased. It is also alleged that the petitioner has been made accused on the basis of his own confessional statement before the police. Learned counsel for the petitioner further submits that the witness, Sanjit Kumar, who claims to have seen the petitioner coming out of the hut of 2 the deceased did not disclose anything immediately before the police, however, after five days of the occurrence, his statement under Section 161 Cr.P.C. was recorded in which he has named the petitioner. It is also urged that the dead body of the deceased was not found in the hut rather the same was found in the field of one Birendra Kumar. Therefore, the said statement clearly seems to be an after thought. The petitioner is stated to be in jail custody since 13.3.2009. Learned A.P.P. for the State submitted that the aforesaid Sanjit Kumar had seen the petitioner coming out of the hut of the deceased in the fateful night, however, he agrees that the dead body was not recovered from the hut rather the same was recovered from the field of one Birendra Kumar. Having regard to the facts and the circumstances of the case, the petitioner, Babban Ram, is directed to be released on bail on his furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Samastipur, in connection with Tajpur P.S. Case No.76/09. P.S. (Dr. Ravi Ranjan, J)