IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40148 of 2009 BUCHKUN DOM, son of Naresh Dom, resident of Budhuchak, P.S. Gopalpur, District Bhagalpur. Versus STATE OF BIHAR With Cr. Misc. No.40147 of 2009 Horil Dom, Son of Siya Ram Dom, resident of Budhuchak, P.S. Gopalpur, District Bhagalpur. Versus STATE OF BIHAR ----------- 2 25/11/2009 Heard counsel for the petitioners and counsel for the State in both the cases. The two petitioners in these two cases face prosecution for the offence under sections 302 and other allied sections of the Indian Penal Code. Counsel for the petitioners would submit that at least version of the Informant is definitely one of hear-say, inasmuch as, he does not claim to be an eye witness of the occurrence, muchless, there is no specific overt-act on the part of these two petitioners. He further submits that in fact the deceased was residing in Sasural and the petitioners are his brothers-in-law, the petitioner Horil Dom (petitioner in Cr. Misc. No.40147/2009) being own brother-in-law, whereas, petitioner Buchkun Dom (petitioner in Cr. Misc. No.40148/2009) being cousin brother-in-law. It has further been submitted that the deceased, in fact, had sustained injuries out side the house and therefore when he was found in the house petitioner Horil Dom, the father-in-law had immediately informed the family members including the Informant and it is only on account of some dispute regarding properties that a false case was sought to be filed. 2 This Court on perusal of the postmortem report would find that the deceased had not died natural death rather he had sustained number of injuries on his person including on his neck which would suggest that he had been done to death. The time found by the doctor of such death would range up to 21.3.2008 at 1 Noon because the doctor had found such death within 48 hours of the postmortem which was conducted at 1 P.M. on 23.3.2008. In that view of the matter, version, of the Informant of getting information of the death of deceased at 10 A.M. on 23.3.2008 as with regard to the alleged natural death of the deceased on 21.3.2008 would create some sort of suspicion in the conduct of the father-in-law and consequently own brother-in-law of the deceased. Thus, in the given facts and circumstances, while this Court for the present is not inclined to grant bail to petitioner Horil Dom (petitioner in Cr. Misc. No.40147/2009), own brother-in-law of the deceased. Accordingly, his prayer for bail is rejected. The case of petitioner Buchkun Dom (petitioner in Cr. Misc. No.40148/2009), cousin brother-in-law would stand on different footing and accordingly, petitioner Buchkun Dom (petitioner in Cr. Misc. No.40148/2009) is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Naugachia, District- Bhagalpur in Gopalpur P.S. Case No.71 of 2008, subject to the condition that one of his bailer must be his close family relative. Abhay Kumar (Mihir Kumar Jha, J.)