IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.30070 of 2011 1.Upendra Singh @ Upendra Rai son of Triveni Singh, resident of village-Rampur Kachahari, P.S.-Khodawandpur, District- Begusarai 2.Ram Naresh Rai son of late Siya Ram Rai 3.Shippi Rai son of Ashok Rai Both Sl. Nos.2 and 3 are resident of village- Jokia, P.S.-Bhagwanpur, District-Begusarai Versus The State of Bihar ----------- 2. 8.9.2011. Heard learned counsel for petitioners and learned counsel for the State. The petitioners apprehend their arrest in connection with a case registered for the offence under sections 302/34 of the Indian Penal Code. It is stated that the case was registered against unknown on the basis of fardbeyan of Gulo Tanti for alleged killing of his daughter, Rintu Devi. It is submitted on behalf of the petitioners that the dead body was examined by the doctor and in postmortem the doctor could not find any definite sign of ante mortem injury. Viscera was preserved and was sent to Forensic Science Laboratory for examination. The viscera report indicates that Thimet, which is an organo phosphorous pesticide, was found. The police on conclusion of investigation found the case to be true under section 302 of the Indian Penal Code but since the police failed to have any clue regarding the offence, no body was sent up for trial. The learned Magistrate differing with the police report took cognizance of the offence. Learned counsel for the petitioners has brought on record the statement of the informant as well as the statement of one 2 Ramgayan Tanti recorded under section 164 of the Code of Criminal Procedure on recall. A perusal of their statement goes to suggest that serious bodily injuries were caused upon the victim but this fact has not been corroborated by medical evidence. Taking into consideration the aforesaid facts specially the fact that the police, which is a statutory body to investigate, could not find any evidence against the petitioners, let the petitioners, namely, 1.Upendra Singh @ Upendra Rai, 2.Ram Naresh Rai and 3.Shippi Rai in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/communication of the order be released on bail on furnishing bail bonds of Rs.5,000/- (five thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Bhagwanpur P.S. Case No.46 of 2007 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Md.S. ( Ashwani Kumar Singh, J.)