IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46553 of 2008 MAHENDRA YADAV Versus THE STATE OF BIHAR ----------- 3. 15.01.2009 Heard Smt. Dr. Leelawati Kumari, Advocate for the petitioner and Sri Dasrath Mehta, APP for the State. The petitioner is named in the FIR of a case under Section 302 of the IPC, which was initially registered under Section 364 of the Penal Code as the person, who could have along with other accused had taken away the brother of the informant for singing kirtan and who could not return after many days. In fact, the report about the incident was lodged after about 15 days of the incident, understandably so because the informant was searching for his brother and the family members of the informant reiterated that it was Beslal Ram, who had taken the deceased for singing kirtan from his house. Some witnesses like Hiralal Ram, Binay Ram and others have reiterated the same story with suspicion against this petitioner of having killed the deceased. The dead body was recovered from a well. Regard being had to the fact that the petitioner was not alleged to have taken away the deceased from his house, - 2 - let petitioner Mahendra Yadav be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Aurangabad in connection with Pauthu P.S. Case No. 36 of 2008. DKS/ (Dharnidhar Jha, J.)