IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.4483 of 2008 BINOD RAI & ANR Versus THE STATE OF BIHAR ----------- 3. 2.9.2008 Heard the learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Nanpur P.S. Case No.27/2000 for the alleged offences registered under sections 302 and 201/34 of the Indian Penal Code. It is submitted on behalf of the petitioners that after investigation although chargesheet was submitted under section 306 of the Indian Penal Code, but the cognizance of the offence was taken under section 304 of the Indian Penal Code against these petitioners. It is further submitted that though the petitioners are named accused, but they have been implicated in this case merely on suspicion. As a matter of fact, during investigation the daughter, husband and the father of the deceased have not supported the prosecution case. The learned APP on perusal of the case diary submits that the above witnesses in 2 course of investigation have not named the petitioners as killer of the deceased. Considering the above, it is directed that petitioner no.1 Binod Rai and petitioner no.2 Pramod Rai, in the event of their arrest or surrender in connection with Nanpur P.S. Case No.27/2000, within a period of four weeks from today, be enlarged 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, Pupri (Sitamarhi), in connection with the aforesaid case, on the conditions mentioned in sub- section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)