IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17792 of 2009 CHANDRIKA KHATIK Versus THE STATE OF BIHAR WITH Cr.Misc. No.19207 of 2009 SHAMBHU TIWARY @ SHAMBHOO TIWARY Versus THE STATE OF BIHAR ----------- 03 29.07.2009 Heard both sides. Both the matters arise out of the same occurrence giving rise to the Gopalpur P.S. Case No. 01 of 2009 instituted under Section 302/34 of the Indian Penal Code. They are being heard together and these matters, therefore, shall be disposed of by the present order. F.I.R. in the present case was lodged against the present two petitioners along with one another co-accused called Rajesh Sah. It is alleged therein that on the relevant date and time co- accused Rajesh Sah came to the house of informant and took the victim (Sintu Rai) to the house of petitioner Chandrika Khatik on the plea of watching Television. There petitioner Shambhu Tiwari had also arrived. Next day the dead body of the victim was found deserted in nearby the field. Learned counsel for the petitioners submits that except the fact that the deceased was 2 taken to the house of petitioner Chandrika Khatik, and that petititioner Shambhu Tiwari was also present in his house, there is no legal evidence on record to connect him with the crime. It appears that the prime accused namely Rajesh Sah was arrested by the Police and he is said to have made a confessional statement. From his confessional statement and the material on record, it appears that different persons entertaining different grudge against the victim boy combined together and entered into a conspiracy to do away with the life of deceased. So far Chandrika Khatik is concerned, it appears from the material in the case diary, that the deceased had established illicit sexual relationship with the elder daughter of Chandrika Khatik which had caused great annoyance to the petitioner Chandrika Khatik. So far Shambhu Tiwary, is concerned it has come on record that few years ago this petitioner had taken certain money to solemnize the marriage of brother of victim, but in spite of money having been paid to him he did not get the marriage solemnized and was not paying back the money on persisted demands. It also appears from the record that the petitioners were found absconding from the village soon after the 3 occurrence. It is contended that the petitioner Chandrika Khatik is in custody since 19.1.2009 whereas petitioner Shambhu Tiwary, is in custody since 18.3.2009. Both the counsels appearing on behalf of the petitioners submit that the petitioners do not carry any murky past. On the contrary, it is highlighted, that the deceased was known criminal of the area. Few criminal cases had been registered against them. Having regard to the materials on record, this Court, for the present, is not inclined to admit them to bail. Prayer for bail made on their behalf, therefore, stands rejected. The petitioners are however, given liberty to renew prayer for bail if the case is not taken up within eight months from the date of receipt/communication of the copy of the order in the court below. P.K. (K.K. Mandal, J.)