IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26871 of 2009 1.MD.NEKAIL @ MD.NILA RAHMAN @ MD.MIKAIL son of Abdul Basar 2.Md. Saidur Rahman son of Md. Neakil @ Md. Mekail, both residents of Village Maharajpur (Islampur), P.S. Sadar (Mufassil), Dist. Purnea …Petitioners. Versus STATE OF BIHAR ----------- 6 16.3.2010 Heard learned counsel for the petitioners and the State. Petitioners apprehend their arrest in a case instituted under section 302/34 of the Indian Penal Code. It is submitted by the learned counsel for the petitioners that they are not named in the first information report and the informant has specifically stated in the first information report that some unknown persons have committed the murder of his daughter deceased Sabera Khatoon. Though petitioner no.1 is the father-in-law and petitioner no.2 is the husband of the deceased and they are co-villager of the informant, yet even suspicion has not been raised against them in the whole first information report. Subsequently, informant filed a protest petition on 9.7. 2008 and in that protest petition also neither the petitioners have been attributed any allegation nor any suspicion has been raised against them by the informant. It is submitted by learned counsel for the petitioners that subsequently the brother of the deceased wanted to extract some money and for that reason he subsequently made some statement expressing suspicion against the petitioners. It has also been stated that recently on 11.2.2010 the informant has filed a petition in the court below stating therein that petitioners are not responsible for the murder of the deceased and police is unnecessarily harassing them. Let the certified copy of that petition be kept on record. - 2 - Learned A.P.P. after going through the case diary has also not pointed out any specific allegation as against the petitioners that has come during the investigation. Be that as it may, let the above named petitioners in the event of their arrest or surrender in the court below within four weeks from today , be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of C.J.M, Purnea in Sadar (Mufassil) P.S. case no. 230 of 2008, subject to the conditions laid down under section 438(2w) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman