IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8232 of 2009 1. SANJAY MAHTO @ GUDDU 2. RAJENDRA MAHTO Versus STATE OF BIHAR ----------- For the petitioner : M/s Sunil Kr. Karn and Saroj Kumar, Advocates For the State : Mr. Jharkhandi Upadhaya, A.P.P. ----------- 4 24.04.2009 SANJAY MAHTO @ GUDDU and RAJENDRA MAHTO, both named in the FIR of Bahadurpur P.S. Case No. 221 of 2008 registered under sections 302/34 IPC are in custody since 19.8.2008 in connection therewith. The petitioners have been made to figure as accused on the basis of statement given by Chaukidar 10/2 Rajendra Yadav about the death of Ramawati Devi, wife of Nathuni Mahot under suspicious circumstances. It was stated that a few month back co- villager Sanjay Mahto eloped with Ramawati and having returned two months back had kept her confined in his house where the dead body of Ramawati was found lying and Sanjay and his father Rajendra were trying to perform her last rites. Marks of injuries near the left eye and right leg could be detected. Rumours were afloat of an altercation between the accused persons and Ramawati regarding the maintenance of her children whereupon the accused persons had killed her by stifling her with pillow so as to get rid of her. True it is that mere suspicion has been cast on the two petitioners and there is no concrete evidence to show their 2 complicity in the crime. However, from the case diary it appears that the opinion regarding the death of Ramawati was kept reserved awaiting the report of the Forensic Science Laboratory of the examination of viscera of the deceased. Though two minor anti mortem injury i.e. abrasion over right knee joint anteriorly and swelling and eccymosis over left eye were found which were found insufficient cause for death. The charge sheet has already been submitted. In the facts and circumstances of the case the petitioners SANJAY MAHTO @ GUDDU and RAJENDRA MAHTO 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 to the satisfaction of the learned 1st Addl. Sessions Judge, Darbhanga in connection with Sessions Trial No. 418 of 2008 arising out of Bahadurpur P.S. Case No. 221 of 2008. Spd/- (Abhijit Sinha, J.)