IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45839 of 2009 1. GOPAL SAH, SON OF LATE BHAGWAT SAH 2. SUNDAR LAL MANDAL SON OF LATE TUNAI MANDAL, BOTH ARE RESIDENT OF VILLAGE BADHUA, POLICE STATION ANDHRAMATH, DISTRICT- MADHUBANI. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. WITH Cr.Misc. No.24836 of 2009 1. RAJENDRA MANDAL, SON OF LATE BAIL CHAND MANDAL. 2. LAKHAN MANDAL, SON OF LATE JIBACHH MANDAL, BOTH ARE RESIDENTS OF VILLAGE-KHARAGPUR, POLICE STATION-LAUKAHI, DISTRICT- MADHUBANI. …..Petitioners. Versus THE STATE OF BIHAR …..Opposite Party. WITH Cr.Misc. No.46682 of 2009 BIMLA DEVI, WIFE OF LATE UPENDRA SAH, RESIDENT OF VILLAGE- KHARAKPUR, POLICE STATION-LAUKAHI, DISTRICT-MADHUBANI. …..Petitioner. Versus THE STATE OF BIHAR …..Opposite Party. ----------- 04/ 14.01.2010 Since all the above bail applications have arisen out of one occurrence which has led to registration of the First Information Report, heard together and are being disposed of by this common order. Heard learned Counsel for the petitioners, State and learned Counsel for son of the deceased. The petitioners are accused of the case which has been registered under Sections 302/120(B)/34 of the Indian Penal Code. After recovery of the dead body of 2 Upendra Sah, the police sub-inspector went to his house and he was told by the son of the deceased that Radhe Sah, Rajendra Mandal and Lakhan Mandal have forcibly taken away his father. Later on, he could not disclose anything. Upendra Sah has lodged a complaint against Radhe Sah, Rajendra Mandal and Lakhan Mandal in which he has alleged that his wife was kidnapped. In course of investigation, the police inspector came to know that Bimla Devi was having illicit relationship with Radhe Sah which was being protested by the deceased, so he might have been killed. Submission is that at best the case is of last seen. Nobody has seen the occurrence and the prosecution story have been developed after unfortunate death of Upendra Sah. It has also been submitted that other accused person namely Hare Ram Sah and others have been granted bail by this Court. Learned Counsel appearing on behalf of son of the deceased has submitted that the son of the deceased has seen his father being carried away by some of the accused persons and so their cases are not identical 3 footing which those accused who have been granted bail. Considering the facts and circumstances of the case, the above named petitioners are directed to be released from custody 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 Sri K. Prasad, learned Judicial Magistrate, Ist Class, Jhanjharpur, Madhubani/learned Additional Chief Judicial Magistrate, Jhanjharpur, Madhubani/concerned court in connection with Laukahi P.S. Case No. 87 of 2008/G.R. No. 629 of 2008. kksinha/ ( Shyam Kishore Sharma, J.)