IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7737 of 2009 Shesh Kumar, son of Late Mahipat Rai, resident of Village-Kewlatar Raipura, P.S.- Fatwah, District-Patna. . . . . . Petitioner. Versus STATE OF BIHAR WITH Cr. Misc. No.15808 of 2009 Rajesh Yadav @ Puri @ Rajesh Kumar, son of Late Mahipat Rai, resident of Village- Kewlatar Raipura, P.S.-Fatwah, District- Patna. . . . . . Petitioner. Versus STATE OF BIHAR ----------- 2/ 05.05.2009 Since both the applications have arisen out of one and the same police case, they have been heard together and are being disposed of by this common order. The Petitioners seek bail in a case which has been registered for the offences under Sections 302/201/34 of the Indian Penal Code. The First Information Report has been registered against Ganauri Pandit, Manoj Pandit and Gauri Shankar Pandit. Petitioners are not named. The informant’s son Pappu, aged 23 years, was found beheaded in the river Ganges. Suspicion is that because of enmity, named accused persons might have killed. The informant has been examined under Section 164 of the Code of Criminal Procedure and she has given another version in which she has named a nurse, who was having some affairs with the informant’s deceased son. She was pregnant on account of that relationship. Submission is that even in the statement recorded under Section 164 of the Code of Criminal Procedure the petitioners have not been named as the assailant. Further submission is that nobody has - 2 - seen the occurrence. Considering the facts and circumstances of the case, petitioners, named above, are directed to 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 Additional Chief Judicial Magistrate, Patna City, Patna / concerned court in connection with Fatwah P.S. case no. 152 of 2008. Uday/ (Shyam Kishore Sharma, J.)