IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25917 of 2008 MANOJ MAHTO & ORS Versus STATE OF BIHAR & ORS ----------- 2 28.07.2008 Heard learned counsels for the petitioners and the State. A supplementary affidavit has been filed on behalf of the petitioners. Petitioners are accused in a case registered under section 498A of the Indian Penal Code. It has been submitted on behalf of the petitioners that on perusal of the first information report, it would appear that the allegation against these petitioners is to the effect that in the morning at about 6 A.M. on 7th of September, 2006 the deceased had gone with these petitioners and in the evening at about 7 P.M. on the same date the F.I.R. named witness saw that the deceased was going along with the petitioners, and in the next morning at about 9.30 A.M. the dead body of the deceased was found at a nearby place. It is further submitted that during investigation no incriminating material has come implicating these petitioners in the alleged murder, and it has come on record that the deceased had brutally assaulted his wife on 5.09.2006 and left the house. It is further contended that the post mortem conducted by the Medical Board finds no external injury on the body of the deceased and the cause of death could not be ascertained, however, they were of the opinion that the time of death was about 48-72 hours. It is also contended that police after investigation submitted the final form finding the petitioners not guilty, however the Chief Judicial Magistrate differed and took cognizance. 2 Considering the submissions, as noticed above, and on perusal of the allegations levelled in the first information report, the averments made in the petition as also the materials brought on record, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Manoj Mahto, Awadhesh Mahto & Sanjay Prasad be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saran at Chapra in connection with Baniapur P.S.Case No. 146 of 2006 subject to the conditions as laid down under section 438(2) of the Criminal Procedure Code. Manish/- ( Shailesh Kumar Sinha,J.)