IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.33361 of 2008 RAM NARESH ROY SON OF RAM BHADUR ROY, RESIDENT OF VILLAGE- DEOPAR, POLICE STATION- PUSA, DISTRICT- SAMASTIPUR Versus STATE OF BIHAR ----------- Cr.Misc. No.33405 of 2008 RAM SEVAK ROY SON OF LATE NATHUNI ROY, REISDENT OF VILLAGE- DEOPAR, POLICE STATION- PUSA, DISTRCIT- SAMSTIPUR Versus STATE OF BIHAR ----------- 2 22.10.2008 Heard learned counsels for the petitioners and the State. Petitioners are accused for the offence under section 364 of the Indian Penal Code. It has been submitted on behalf of the petitioners that the case was registered in the year 1994 and after lapse of long twelve years police submitted the final form (Annexure-2) to the effect that the case is true however there is no clue. It is further submitted that after submission of the final form, on protest, the learned Chief Judicial Magistrate took cognizance of the offence under the aforesaid section against these petitioners. Notwithstanding the above, it is submitted on behalf of the petitioners that other co-accused persons having similar allegations have been allowed anticipatory bail by this Court as per the order contained in - 2 - Annexure-6 to the petition as also as per the order dated 25.09.2008 passed in Cr. Misc. No. 35374 of 2008. Learned counsel has produced the certified copy of the order dated 25.09.2008, which is kept on record. 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 petitioners, namely, Ram Naresh Roy & Ram Sevak Roy be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Samastipur, in connection with Tajpur Pusa P.S.Case No. 317 of 1994 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Manish/- ( Shailesh Kumar Sinha,J.)