IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.34708 of 2009 ANIRUDH RAM. Versus STATE OF BIHAR. ----------- 3 26.11.2009 Heard learned counsel appearing on behalf of the petitioner, learned counsel appearing on behalf of the informant and learned counsel appearing on behalf of the State. Petitioner has been made accused in connection with Daniawan P.S. Case No. 81 of 2007 for the offences punishable under Sections 302, 201, 120(B) and 34 of the Indian Penal Code. Substance of allegation as set out in the F.I.R. is that this petitioner on the night of 28.12.2007 took the deceased who is the son of the informant from his house and thereafter the son of the informant namely, Dipu Kumar @ Rakesh Kumar did not return. It is alleged that in the morning his dead body was found from the saloon having ligature marks on the neck. It is thus alleged that this petitioner has connived along with some others named in the F.I.R. and in causing death of the son of the informant. Learned counsel appearing on behalf of the petitioner submits that save and 2 except the statement of the informant that the son of the informant accompanied this petitioner on 28.12.2007 at 7 p.m. no other allegation is made out as against this petitioner and the subsequent death of the informant’s son could not be attributed to this petitioner. Learned counsel appearing on behalf of the petitioner submits that the theory of last seen does not apply in the present case and that the whole occurrence has been found to be doubtful. Learned counsel in support of his submission relied upon the chargesheeet submitted in the case of accused Munni Devi, copy of which is placed at Annexue-2 in which the Investigating Officer has mentioned that in the supervision note submitted by the Sub- Divisional Officer he has opined that prima facie it appeared to be a case of suicide and on the directions of the Superintendent of Police (rural) the charge sheet as was being submitted. Learned counsel thus submits in view of the doubtful nature of the occurrence he deserved for consideration for grant of bail Learned counsel for the informant submits that even the grand father and wife of the 3 deceased had seen this petitioner taking him away on night and whereafter his dead body was found on the following date and thus he cannot be absolved from the allegations. Having regard to the facts and circumstances of the case, I am not inclined to release the petitioner on bail. This bail petition is dismissed. Bibhash (Jyoti Saran, J. )