IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29302 of 2009 1.BIKRAMA SINGH S/O Late Jagdeep Singh 2.Sugriv Singh S/O Bikrama Singh Both resident of Village-Amtha, P.O. Alampur, P.S. Sheosagar (Baddi O.P.), District Rohtas. Versus STATE OF BIHAR ----------- 3 17/9/2009 Heard counsel for the petitioners and counsel for the State and the Informant. While three years old boy was definitely done to death as is clear from the postmortem report suggesting injury to his Cervical Vertebrae and Asphyxia, implication of the petitioners with Raju and Rajesh in the F.I.R. comes only by way of last seen with the deceased. It does not stand to reason as to how mother of the deceased having found her son to be missing for the whole night had kept mum even when she had seen the petitioners and two other co-accused taking away her three years old son in the night itself. Enmity between the two parties is admitted in the First Information Report itself and therefore after recovery of dead body finger of suspicion would automatically go against two persons, namely, Raju Singh and Rajesh Singh about whom there is a consistent version in the case diary that they had taken away the deceased boy. Complicity of these two petitioners with Raju and Rajesh in killing the boy and surfaced only after the dead body was recovered. Considering all these aspects of the matter, this Court is not inclined to grant bail to the petitioners for the present. 2 Counsel for the Informant submits that the case has already been committed to the Court of Sessions and therefore if the prosecution will produce non-official witnesses within a period of six months the trial court would make its endeavor to conclude the trail within a period of nine months by examining all the witnesses named in the charge-sheet. Happen it be, that the trial is not concluded within the aforementioned period of nine months, the petitioners shall have liberty to initially move the trial court and the trial court will be under obligation to record reasons for not concluding the trial within the period as aforesaid and only thereafter the petitioners will have liberty to move this Court. Abhay Kumar (Mihir Kumar Jha, J.)