IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37605 of 2009 1. Jugeshwar Ram, S/o Late Jhagaru Ram. 2. Gariban Ram, S/o Sri Jugeshwar Ram. Both are Resident of Vill. - Dadhua, P.S.- Patepur, Distt- Vaishali. ------- Petitioners Versus The State of Bihar -------- Opp. Party ----------- 3 27.11.2009 Heard Mr. Ram Balak Mahto, learned senior counsel appearing for the petitioners and counsel for the State. The allegation against the petitioners for an offence under Sections 302/34 of the Indian Penal Code has surfaced in course of investigation out of a First Information Report lodged by the petitioner no.1 himself. Mr. Ram Balak Mahto, learned senior counsel for the petitioners would submit that the family members of the deceased, Suresh Ram have been able to gain over his own grandson and granddaughter, the son and daughter of the victim deceased, who again are none else but daughter and son-in-law of the petitioner no.1, informant and that is how, a complete different story has been given to the earlier true version given by the petitioners. The fact that the son-in-law of the petitioner no.1 and brother-in-law of the petitioner no.2 was found in a slain condition 2 is not in doubt but surprisingly there was no whisper about any injury on the person of the daughter in the F.I.R. lodged by the petitioner no.1 who too subsequently as has been found that her death was also caused by throttling resulting into asphyxia. In such a circumstance, the statement of the two child witness, offspring of the deceased father and mother, acquires significance and when they had consistently named the petitioners to be the assailants of their parents, this Court would find it difficult to disbelieve such statement of the child witnesses merely on account of there being any alleged influence of the paternal grandfather or other family members. Thus, the conclusion reached by the police after investigation either by disbelieving the version of the petitioners as given in the F.I.R. or relying on the statement of child witnesses turning the petitioners to be assailants of their parents cannot be discarded altogether at this stage. That being so, this Court is not inclined to grant bail to the petitioners, namely, Jugeshwar Ram and Gariban Ram and their prayer for bail is hereby rejected. 3 Since the charge-sheet has already been submitted against them, the court below is directed to commit their case to the court of sessions at an early date whereafter, the trial court may expedite the trial and conclude the same preferably within one year of the framing of charges. Rsh (Mihir Kumar Jha, J.)