IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.35883 of 2009 1. GORAKH RAM, son of Late Naga Ram 2. Ramashish Ram @ Ahir, son of late Naga Ram Both resident of village Baliya, P.S. Natwar, District Rohtas at Sasaram Versus STATE OF BIHAR ----------- 3. 14.12.2009 Heard counsel for the petitioners and the counsel for the State. The two petitioners facing prosecution for offence u/ss 302/201 of the Indian Penal Code seek bail on the ground that even though they have been named in the F.I.R., no material has been collected in the case diary to substantiate the doubt expressed by the informant in the F.I.R. as with regard to these two petitioners being killers of his wife. Counsel in this context has referred to various paragraphs 4 to 14 which have weighed upon by the Sessions Judge to reject the prayer for bail of the petitioner and has submitted that even if everything said therein is accepted in its entirety there would be nothing to connect the petitioners in the alleged offence, especially when none has seen the petitioners to have done anything to the deceased whose dead body was recovered after 2 two days and at a distance of 1 K.M. from her house. In the opinion of this Court the petitioners have a cut-out case for grant of bail, inasmuch as there is nothing which can directly connect them in the alleged offence and mere suspicion of the petitioners having a motive to kill the deceased does not get support even from the postmortem report wherein asphyxia being the cause of death is also surrounded by a circumstance of presence of ligature mark round her neck which would be demonstrative of the fact that it was a case of strangulation but not by using hands but by use of rope. That being so, this Court would direct the abovenamed petitioners to be released on bail on their furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-divisional Judicial Magistrate, Bikramganj, Rohtas in Natwar P.S.Case No. 29/2009. (Mihir Kumar Jha,J.) Surendra/ 3