IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24351 of 2008 RAM JATAN YADAV Versus STATE OF BIHAR ----------- 8 6.5.2009 The prayer for bail of the petitioner was earlier rejected by a bench of this court by order dated 8.1.2008 passed in Cr.Misc.No.35769 of 2007. It is alleged by the informant that co-accused Dharmendra Kumar and Chowkidar Rama came at his house and took his nephew Mukesh Kumar, who was Engineering student, for having some meal. Later on the nephew of the informant was found murdered and his dead body was thrown in a field. It appears from the materials on record that Mukesh Kumar was having love affairs with one Sabinba Kumari, daughter of the petitioner who was also killed on the same day. The petitioner’s wife filed a case in this regard against prosecution side in which police submitted final report. However, the court proceeded on protest cum complaint. Learned counsel for the petitioner submits that the police has submitted final form in favour of Chowkidar Rama, one of the two accused, who had come to the house of the informant. He further submits that co-accused Sanjay Kumar @ Sanjay Yadav who is named in the F.I.R. having similar allegation to that of the petitioner has been granted bail by a bench of this court. Learned counsel for the informant submits that co-accused Sanjay Kumar @ Sanjay Yadav, who was granted bail had absconded - 2 - KHAN and on account of that the trial was delayed. He submits that the case of the petitioner is different than that of Sanjay Kumar @ Sanjay Yadav, as after the occurrence blood stained utensil and earth cake were seized from the house of the petitioner. On this basis, it has been submitted that after committing murder the body of both the deceased were thrown in the field. Learned counsel for the petitioner submits that charge has been framed and the petitioner is in custody since 31.3.2007. Having heard counsel for the parties and on going through the materials on record, I am not inclined to grant bail to the petitioner for the present. His prayer for bail is rejected. However, if there is no substantial progress in the trial, he may renew his prayer for bail after six months. It goes without saying that all the accused in the case would cooperate in the trial and would not seek unnecessary adjournment. (S.P.Singh,J)