IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.2189 of 2009 PAYARE YADAV & ANR Versus STATE OF BIHAR ----------- 4 18 .04.2009 Heard Mrs. Anjana Prakash, Senior Advocate, for petitioner Payare Yadav and Prakash Yadav both of whom are named along with others in the F.I.R. of Laxmipur P.S. Case No. 44 of 2006 registered under section 302/34 IPC. The allegation against the petitioners is that they in association with the other accused forcibly abducted Naresh Yadav, the husband of the informant, Ukhiya Devi, and the dead body of Naresh was found abandoned in the following morning. The cause for the occurrence is alleged to be the fact that deceased Naresh had kidnapped the daughter of co-accused Mahendra Yadav some three years back for which he had faced incarceration for 10 months and after his release the wife of Mahendra Yadav had threatened that Naresh would be killed. It was also alleged that co-accused Gobardhan Yadav had taken a loan of Rs. 4000/- from Naresh and when a demand was made for the return of the same caustic feelings and enmity cropped up which resulted in the gruesome occurrence. The submissions on behalf of the petitioners is that the FIR had been lodged after two days and that the detention of the petitioners are sought on deposition of the witnesses which are on the basis of hearsay. It is also submitted that in the trial of co- accused Gobardhan Yadav being Sessions Trial No. 45 of 2007 2 the informant had not supported the prosecution case and later on she had filed a petition in the court of the learned Chief Judicial Magistrate, Jamui on 6.5.2006 showing the allegation as made in the FIR and stated that as a matter of fact her husband had been murdered by people of the MCC. Be that as it may I am not inclined to grant bail to the petitioners in view of the matter available in the case diary against them. Accordingly their prayer for bail is rejected. Spd/- (Abhijit Sinha, J.)