IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2046 of 2009 1. Shrawan Ram, Son of Maheshi Ram. 2. Maheshi Ram, Son of Muneshwar Ram. Both residents of Village- Patiyasa, Police Station- Ahiyapur, District- Muzaffarpur………………….Petitioners. -Versus- The State of Bihar…………………………………Opposite Party. ----------- 4. 20.04.2009. Heard learned counsel for the petitioners Shrawan Ram and Maheshi Ram, two of the First Information Report named accused of Ahiyapur P.S. Case No.252 of 2008 registered under Sections 364/34 of the Indian Penal Code who are incarcerated in connection therewith. The allegation against the petitioners is that on the suspicion that Chandeshwar Ram, the brother of the petitioner no.1 Shrawan Ram was murdered by Jibachh Ram, the husband of the informant and Shrawan Ram himself was assaulted by Jibachh Ram and others for which Ahiyapur P.S. Case No. 258 of 2004 had been registered and the Sessions Trial arising therefrom was pending and efforts of pressuring the petitioners to compromise the case not finding favour the petitioners have been falsely implicated in this case by propounding a concocted story of Moti Ram the minor son of the informant being kidnapped and enquiries by the informant with the accused persons revealed that the son had been kidnapped by way of retaliation for the killing of Chandeswar Ram. The submission advanced by the learned counsel for the petitioners is that nothing concrete has come against the petitioners in respect of the commission of the overt act save and except of - 2 - suspicion being aroused against them. Moreover, even the independent witnesses though supporting the fact of minor boy being kidnapped have not in any way attributed the crime to the petitioners. It was further submitted that the informant herself had concealed the minor boy at the house of one of her relatives and had preferred the incident case to mount pressure upon the petitioners. Admittedly, the petitioners are on inimical terms with the family of the informant resultant the killing of the brother of petitioner no.1 Shrawan Ram. It is also an admitted fact that the kidnapped minor boy has still not been recovered. In the facts and circumstances of the case and probable liability of the petitioners, I am not inclined to grant bail to them. The prayer for bail of both the petitioners is, accordingly, rejected. U.K. (Abhijit Sinha,J)