IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.49782 of 2008 Mulu Gosai @ Mulu Goasai @ Mulu Gosain son of Late Ganesh Gosai , resident of Village- Lohdan, Police Station- Chand, District- Kaimur(Bhabua)……………………………….Petitioner. -Versus- The State of Bihar………………………………….Opposite Party. ----------- For the Petitioner: M/S.Krishna Prasad Singh, Sr. Advocate and G. C. Sharma, Advocate. For the State : Mr. Jharkhandi Upadhaya, A.P.P. ------------ 4. 13.04.2009. The petitioner one of the First Information Report named accused of Chand P.S. Case No.40 of 2008 registered under Section 302 and other allied sections of the Penal Code are in custody since 22.8.2008. The petitioner has been named as one of the members of the armed mob which allegedly came to attack the husband of the deceased Sachan Ram as he had allegedly killed Lodi Gosai while attempting to rape the informant and after the husband fled and took recluse in the house of Rambali Mushar he was dragged out therefrom and assaulted by the mob. The informant and her Sasur rushed to his rescue but they too were assaulted and thereafter her husband was assaulted to death. It appears that for the murder of Lodi Gosai, Chand P.S. Case No. 45 of 2008 had been registered under Section 302/34 of the Indian Penal Code against Sachan Ram and Suresh Paswan on the basis of a fardbeyan given by the Village Chowkidar who stated that as the wife of the deceased Lodi Gosai or any of the family members was not inclined to lodge the case, he had taken steps to inform the - 2 - police. It was also disclosed that he had gathered that though Lodi Gosai and Sachan Ram were friends and were on visiting terms some differences had occasioned between them over Lodi Gosai taking away the Mauser pistol illegally kept by Sachan Ram and in consonance thereto an altercation developed which eventually resulted in Sachan Ram killing Lodi Gosai with Kulhari. The only evidence against the petitioner is of being a member of mob which had killed Sachan Ram. Due regard being had to he facts and circumstances of the case, petitioner Mulu Gosai @ Mulu Goasai @ Mulu Gosain is directed to be released 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 Learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chand P.S. Case No. 40 of 2008. U.K. (Abhijit Sinha,J)