IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26552 of 2009 1. ANITA KUMARI daughter of Lallan Singh @ Lalan Singh Yadav @ Lalan Yadav 2. Lallan Singh @ Lalan Singh Yadav @ Lalan Yadav son of Sheo Kishore Singh. Both residents of village-Ataon, P.S. Dumraon, District- Buxar Versus STATE OF BIHAR ----------- 2 08.09.2009 Heard learned counsel appearing on behalf of the petitioners and learned counsel appearing on behalf of the informant and also counsel for the State. Two petitioners have been made accused in connection with Dumraon P.S. Case No.70 of 2009 registered under Sections 364, 302, 201, 120(B)/34 of the Indian Penal Code. Substance of the allegation as stated in the F.I.R. is that the brother of the informant had cordial relations with petitioner No.1 and left the house in the night of 25.4.2009 upon receiving a phone call from petitioner No. 1. It is alleged that thereafter he has not returned. During the course of investigation it has come that the dead body of the brother of the informant was recovered form the well. Learned counsel appearing on behalf of the petitioners contended that the entire substance of allegation set out in the F.I.R. is 2 improbable. The allegation of the cordial relation between the deceased and the petitioner No.1 is denied. It is contended that the petitioner No. 2 is an army personnel who had taken leave to perform “gauna of the petitioner No. 1”. It is contended that merely on suspicion the petitioners have been arrested and are in custody since 1.5.2009. Having regard to the facts and circumstances of the case, let the petitioners, Anita Kumari and Lallan Singh @ Lalan Singh Yadav @ Lalan Yadav, be enlarged on bail upon each of them furnishing bail bond of Rs.10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Buxar in connection with Dumraon P.S. Case No. 70 of 2009. Bibhash (Jyoti Saran, J. )