IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27745 of 2008 MINA KHATOON, PINTU @ MINTU RAJA & DILIP PODDAR Versus THE STATE OF BIHAR ----------- 3. 10.9.2008 Heard. The case relates to the alleged murder of one Om Prakash Purbey allegedly under conspiracy by the three petitioners. Some of the facts are not in much dispute that the deceased was keeping petitioner no.1, namely, Mina Khatoon as his mistress and it was known to every one. As regards petitioner Dilip Poddar he was also keeping a lady as his mistress and she was named Krishna and happened to be the sister of petitioner Mina Khatoon. Besides, the deceased Om Prakash Purbey and petitioner Dilip Podddar were traders by profession and accordingly are supposed to carry on rivalry and some ill-will for each other. The allegation is that one Vijay Das informed the informant who happens to be the brother of the deceased Om Prakash Purbey that his brother met with an accident and had been shifted to the clinic of Dr. R.P.Mishra. The informant rushed there and found his brother lying injured on the rear seat of a Bolero - 2 - vehicle. Om Prakash Purbey was declared dead. The three petitioners were very much present inside the vehicle and they came up to the house of the informant with the dead body and dispersed from there. The injury recorded by the doctor on the dead body were: (1)Bruise right side of Temporal on lateral part of right eye of measuring 2 ½”x 1 1/2”. (2)Abrasion of size ¾”x1/2” on right side of face. On dissection the doctor found a big Haeamotama on under lying scalp present in right temporal and parietal area and fracture of the scalp along with the sagittal suture and also the fracture of frontal bone. It was extended in about 5 ½”x3”. The material which was collected in the case diary indicated that in the evening of the occurrence the deceased had purchased a kilo of mango and had gone to the house of petitioner no.1 Mina Khatoon and had spent the night there and had met with the accident early in the morning. The learned A.P.P. was fairly conceding - 3 - that there was absolutely no material either on conspiracy or on the participation of the petitioners in the incident. The contention of the defence is that the petitioners could have received the impact and as such a huge injury could be on account of accident, he met with or he might have fallen from some height. Be that as it may, considering that the case does not contain any material indicating the complicity of the three petitioners in assaulting the deceased or causing injuries to him, let the above named three petitioners be released from custody on furnishing bond of Rs.10,000/-(ten thousand)each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Samastipur in Warisnagar P.S.Case no.73 of 2008. B.Kr. ( Dharnidhar Jha, J. )