IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.43396 of 2010 DINESH PRASAD SINGH @ DINESH KUMAR SINGH @ DINESH AND ANR. Versus THE STATE OF BIHAR 2 20.12.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Supplementary affidavit has been filed on behalf of the petitioners. Counsel for the petitioners seeks permission to make necessary correction in the prayer portion. Prayer is allowed. Let the counsel for the petitioners correct the prayer portion of the bail petition. Admittedly, the complainant lodged Sheikhpura P.S. Case No. 103 of 2004 in respect of the alleged occurrence. The aforesaid police case was investigated and subsequently, police having found lack of evidence, submitted final form which was accepted by learned court below but the complainant filed Protest Petition which was treated as Complaint Case and the learned court below conducted an inquiry under section 202 of the Cr.P.C. and after that, cognizance was taken. No doubt, there is allegation of committing murder of complainant’s husband against these petitioners as well as some other accused persons but it appears from perusal of the record that before institution of Sheikhpura P.S. Case No. 103 of 2004, one Birendra Ram had filed Sheikhpura P.S. Case No. 102 of 2004 against the deceased, Sunil Singh and according - 2 - to aforesaid Birendra Ram, the deceased had entered in his house with intention to commit theft but fortunately, he was caught on chase and he was assaulted as a result of which, he died then and there. Furthermore, it appears from perusal of the record that the deceased was a notorious criminal. So, considering the above facts and circumstances as well as submissions of the parties, the petitioners, namely, Divesh Prasad Singh @ Dinesh Kumar Singh @ Dinesh and Sudhir Kumar Singh @ Sudhir Singh @ Shivnandan Singh @ Sivnandan are directed to be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Complaint Case No. 26 (C) of 2006 to the satisfaction of Chief Judicial Magistrate, Sheikhpura. AKV/- (Hemant Kumar Srivastava,J.)