IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40253 of 2009 GOBARDHAN YADAV & ANR Versus STATE OF BIHAR ----------- 3. 7.1.2010 Heard. The case is under Section 302 of the Penal Code and no one is named in the F.I.R. In fact, there is not even an expression of any suspicion against any one as regards the killing of the deceased Sunita Kumari. The two petitioners appear named by one Gopal Yadav in paragraph 40 of the case diary which is, if fact, a copy of the statement of the said Gopal Yadav under Section 164 Cr. P.C. In that statement the witness has given an eye witness account about the acts of the petitioners and others in killing of the said deceased. Learned counsel appearing for the petitioners has submitted that there was reason for the said Gopal Yadav to give statement against the two petitioners as Ram Ekbal Yadav, cousin brother of the said Gopal Yadav was an accused in Kurtha P.S.Case No.7 of 2009 and the two petitioners were cited in that case as witnesses. It was further contended that the petitioners do not bear 2 any grudge or animosity against the family of the deceased and, in fact, petitioner no.2 Devi Dayal Singh alias Devi Dayal had signed as witness many prosecution documents, like, inquest report, seizure memo and the F.I.R. It was contended that it is out and out a false implication of the two petitioners so as to settling previous scores. Having heard learned counsel for the parties and having been taken through the materials in the case diary, I fid that it is a fit case in which the two petitioners be directed to be enlarged on bail. Let the petitioners Gobardhan Yadav and Devi Dayal Singh alias Devi Dayal be admitted to bail, either in the event of their arrest by the police or surrender before the court below, on furnishing bonds each of Rs. 10,000/-(( ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Jehanaad, in Kurtha P.S.Case No. 60 of 2009, subject to the conditions as laid down in Section 438(2) Cr. P.C. Kanth ( Dharnidhar Jha, J.)