IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17442 of 2009 MANORI SHARMA & ORS Versus STATE OF BIHAR & ANR ----------- 02. 17.6.2009 Heard learned counsel for the petitioners and learned counsel for the State. This petition for anticipatory bail has been filed by the petitioners, who are accused for offences punishable under Sections 365 and 120B/34 of the Indian Penal Code. Learned counsel for the petitioners submits that even according to the informant the alleged victim Natho Sharma was a mentally derailed person and was issueless. The informant has alleged that Natho Sharma had been kidnapped by accused persons including these petitioners to grab his land. Learned counsel for the petitioners further states that said Natho Sharma is issueless and the informant is his sister whereas the accused persons are neighbours and agnates and hence there is no question of grabbing his land after his death, as informant herself would be the beneficiary. Learned counsel for the petitioners also avers that petitioner no. 1 is an old person aged about 91 years. Learned counsel for the petitioner further submits that final form has been submitted by the police as there was no material to support the prosecution case but on protest the case has been restarted. Considering the facts and circumstances of this case as well as the arguments of the parties, this petition is allowed. In case of surrender/arrest within fifteen days from the date of receipt - 2 - of a copy of this order in the court below, petitioners, namely Manori Sharma, Shree Narain Sharma @ Narain Sharma @ Ram Narain Sharma and Arjun Sharma shall be released on bail on furnishing bail bonds of Rs.10,000/-(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned SDJM, Dalsingsarai, Samastipur in connection with C. R. No. 19 of 2007 arising out of Ujiarpur P. S. Case No. 160 of 2004, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Kanchan (S. N. Hussain, J.)