IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2819 of 2009 1. RADHE SHAYAM PATHAK son of Late Bishwanath Pathak 2. Sonu Pathak @ Kanchan Kumar Pathak son of Sri Radhe Shyam Pathak both resident of village- Ben Chapra, P.S.- Mashrakh, District- Saran at Chapra. Versus STATE OF BIHAR ----------- 2 03.03.2009 Learned counsel for the petitioner submits that during the pendency of this application the petitioner no.1, namely, Radhe Shayam Pathak has died, and as such, this application as against him has become infructuous. Accordingly, the application is dismissed as infructuous as against the above named petitioner no.1. Heard learned counsel for the petitioner and Mr. R.P.S. Singh, Addl. P.P. appearing for the State. The offence alleged is under sections 379 of the Indian Penal Code and section 3(i)(X) of the S.C/S.T.(Prevention of Atrocities) Act. It has been submitted on behalf of the petitioner that the petitioner has been falsely implicated in this case and the allegation against him were found not true as would appear from the report of the Assistant Sub- Inspector of Police as contained in Annexure-3. In the facts and circumstances of the case, it is directed that in the event of arrest or surrender within a - 2 - period of four weeks from today, the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, Chapra, in connection with Complaint Case No. 335 of 2008 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. mcverma ( Shailesh Kumar Sinha,J.)