IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.10072 of 2009 1. Tun Tun Ram 2. Umesh Ram 3. Upendra Ram, All three are sons of Kaleshwar Ram @ Kalesh Ram resident of village Dhadhour, P.S. Sikandra, Distt. Jamui Versus STATE OF BIHAR ----------- 02/ 13.08.2009 Learned counsel for the petitioners states that during the pendency of this application, petitioner nos. 1 and 3, Tun Tun Ram and Upendra Ram have been taken in custody and their application has become infructuous, which is, accordingly, rejected. Heard learned counsel for the petitioner no.2 and the State. Petitioner no.2 is apprehending his arrest in connection with a case registered for the offence under Sections 302,201/34 of the Indian Penal code in which he along with his other two brothers are named as the assailants of the deceased, namely, the sister of the informant, who was married to Sita Ram Rawani, brother of the petitioner, but on the date of occurrence was away in connection with earning his livelihood. Brother of the deceased has lodged the First Information Report on the basis of having gathered the information about the occurrence from the neighbours of the deceased, who were available in the village when the occurrence has taken place. In the circumstances, I am not inclined to admit petitioner no.2 to the privilege of bail in the event of arrest. His 2 application is, accordingly, rejected. He should also meet the same fate which his other two brothers i.e. petitioner nos. 1 and 3 have met. He is directed to surrender in the court of Chief Judicial Magistrate, Jamui in connection with Sikandra P.S. Case No. 276 of 2008 within four weeks from the date of receipt of this order in the court below and apply for regular bail, which should be considered in accordance with law. Arjun/ ( V.N. Sinha, J.)