IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18531 of 2010 DHORA RAM & ANR Versus STATE OF BIHAR And Cr. Misc. No. 22241 of 2010 RAMADHAR RAM Versus STATE OF BIHAR ----------- 3. 13.07.2010 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Section 302/34 of the Indian Penal Code. It is alleged that the informant’s younger brother Ashok Kumar left the house on 9.3.2010 at 4 p.m. for some work but did not return. Subsequently, on the next date the dead-body of the informant’s brother was recovered. F.I.R. was lodged with the allegation against 12 persons that they throttled the neck of the victim and threw the dead body. From the postmortem, it does not appear that the cause of death was throttling and visra is preserved. During the investigation, though there is no direct material against the petitioners but subsequently, the mother of the victim names two persons in whose company the victim left the house. 2 Learned counsel for the State after going through the case diary submits that there is no direct allegation against the petitioners but one witness has said that the petitioners and other have been seen lastly in the company of the deceased. It is submitted by the learned counsel for the petitioners that the theory of last seen being developed subsequently, when the postmortem report did not reflect the sign of throttling. Considering that there is specific case of the informant that the victim left the house alone and no sign of throttling found, let the petitioners namely, Dhora Ram, Baliram Ram @ Baliram Dealer and Ramadhar Ram, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District West Champaran, in connection with Majhoulia P.S. Case No. 59 of 2010. S.S. (Dinesh Kumar Singh, J.)