IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40367 of 2010 BRAHMDEO BHAGAT & ANR Versus STATE OF BIHAR --------- 02/ 20.12.2010 Heard learned counsel for the petitioners as well as learned P.P. for the State. It would appear from perusal of the record that Salkhua P.S. Case no. 28 of 1993 was registered under section 302/34 of the IPC and 3/ 4 of the D.P. Act in the year 1993. Subsequently, after due investigation, the police submitted final form but the informant of the aforesaid case filed protest petition and the learned Chief Judicial Magistrate, differed with the findings of the police, took cognizance of the offences under sections 304B of the IPC and 3/ 4 of the D.P. Act on 28.4.2005 and thereafter the petitioners voluntarily surrendered before the learned court below on 23.9.2010 and since then they are languishing in jail. Although there is allegation of committing murder of the informant’s daughter against both the petitioners but considering the above stated circumstances as well as period of detention of petitioners in jail custody coupled with the submissions of the learned counsel for petitioners, the petitioners, Brahmdeo Bhagat and Bechani Devi are directed to be released on bail on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the satisfaction of Sri G. Anand, Judicial Magistrate, Ist Class, Saharsa in Salkhua P.S. Case no.28 of 1993. shahid (Hemant Kumar Srivastava,J))