IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38093 of 2008 RAJA RAM RAI S/o- Late Musafir Rai R/o- Village – Turki Khoraroo, P.S.- Minapur, District- Muzaffarpur Versus STATE OF BIHAR ----------- 2. 28.11.2008 Heard learned counsel for the petitioner and the State. Petitioner is an accused in a case for the offence registered under Sections 341, 323, 307, 302, 379, 349 of the Indian Penal Code and 26 Arms Act. It is submitted that the petitioner has been made accused in a case with allegation that he had ordered for assaulting the informant and the deceased Shyam Babu Rai who had come to the house of the petitioner for getting Rinku Kumari, sister-in-law of the petitioner released. It is further submitted that as a matter of fact, informant of this case has filed a case vide Minapur P.S. Case No. 333 of 2007 for the offences under Section 363 and 366 of the Indian Penal Code against Shyam Babu Rai and others for the alleged kidnapping of Rinku Kumari. Later on, the said Rinku Kumari was released to the house of Harinath Rai. On the alleged date of occurrence Shyam Babu Rai and Radhey Shyam Rai was attacked by the villagers as they had come to kidnap Rinku Kumari from the house of Harinath Rai and Shyam Babu Rai died due to - 2 - assault by the villagers for which the police has lodged the case against the informant vide Minapur P.S. Case No. 71 of 2008. Notwithstanding the above, petitioner is not assailant of the deceased. Learned counsel for the State is not in a position to refute the submission made on behalf of the petitioner. Having considered the submissions, as noticed above, and in the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Minapur P.S. Case No. 72 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish (Shailesh Kumar Sinha,J)