IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.9209 of 2009 UDAY KUMAR SHRIVASTAVA, SON OF LATE BALADEO PRASAD, RESIDENT OF VILLAGE MOHAMMADPUR MAJHAULIA, P.S. RAJAPUR,DISTRICT-EAST CHAMPARAN----- ---------------------------------------------------------------PETITIONER Versus STATE OF BIHAR With Cr. Misc. no.49733 of 2008 MANISH KUMAR SINHA, SON OF RISHIKESH KUMAR, RESIDENT OF VILLAGE-,MAHAMADPUR MAJHAULIA, P.S. RAJEPUR, DISTRICT-EAST CHAMPARAN--------PETITIONER VERSUS STATE OF BIHAR ----------- 2. 10.4.2009 Heard learned counsel for the petitioners and the State. The submission of learned counsel for the petitioners is that petitioner Manish Kumar is Headmaster of the school in which hostel the dead body was recovered while petitioner Uday Kumar Shrivastava is the owner of the building. Dead body was found hanged and that was taken to the house of the Headmaster but there could be no remedy as the deceased died earlier and an attempt was made to take the body to the emergency ward but due to refusal of the taxi- driver, that could not be possible. Submission of the learned counsel for the petitioners is that there could be no reason nor any mens ria was existing to do away with the life of the boy. Moreover, it is a case of suicide and not a homicide. In the facts and circumstances of the case, in the event of arrest or surrender within one month from today in Rajapur P.S. case no.56 of 2008, the above named petitioners of both the petitions shall be released on bail on furnishing bail bond of Rs.10,000/-( Ten thousand) each with two sureties of the like amount each to the - 2 - satisfaction of the Chief Judicial Magistrate, East Champaran, Motihari, subject to the condition as laid down under section 438(2) of the Code of Criminal Procedure. However, at the time of framing of charge the trial court shall consider about the justification of the bail so granted to the petitioners. Sudip ( Mandhata Singh, J )