IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2919 of 2010 BINOD YADAV, SON OF SRI DHANESHWAR YADAV, RESIDENT OF VILLAGE-SIWAN BIGARAH, POLICE STATION-DARAUDA, DISTRICT-SIWAN. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. For the Petitioner : Mr. Ravindra Nath Dubey (Adv.). For the State : Mr. B.P. Singh (APP). ----------- 02/ 16.02.2010 Heard learned Counsel for the petitioner and learned Counsel for the State. The petitioner seeks bail in a case which has been registered against two full brothers namely Krishna Yadav and Rameshwar Yadav under Section 302/34 of the Indian Penal Code, after killing of Saraswati Kumari of 15 years. The informant has not seen the occurrence. The occurrence is of the night of 19/20th August, 2007 when the informant’s daughter was found missing from her house. In the next morning her dead body was found. The informant suspected that his daughter have been killed by these two petitioners because Krishna Yadav was having some illicit relationship with the informant’s daughter. Submission is that there is no direct or circumstantial evidence against the 2 petitioner. The petitioner had no motive at all to kill. The circumstance against the petitioner has been discussed in the impugned order. The petitioner was found absconding from his house. When the police went for search then one witness has stated that he saw the petitioner fleeing away from the place of occurrence. Considering the facts and circumstances of the case, the above named petitioner is directed to be released from custody 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, Siwan/successor court in connection with Darauda P.S. Case No. 88 of 2007. kksinha/ ( Shyam Kishore Sharma, J.)