IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46374 of 2008 JEEWAN RAM, son of Late Mahendra Ram, Resident of village Mahmmadpur, Naya Tola, P.S. Sakra, District Muzaffarpur …Petitioner Versus STATE OF BIHAR …..Opposite party ----------- For the Petitioner :Mr. H.K. Thakur, Advocate For the State :Mr. R.B. Roy Raman, A.P.P. 02/ 15.12.2008 Heard learned counsel for the petitioner and the State. Petitioner was made accused in a case, which was initially registered as a complaint case for the offence under Sections 364, 302 of the Indian Penal Code, on the basis of which First Information Report was registered for the offence under Sections 302,201/34 of the Indian Penal Code on 22.10.2004 and the case remained under investigation for about four years. On 28.2.2008, the Dy.S.P. directed the Investigating Officer to submit charge sheet on the basis of the available materials under Section 364 of the Indian Penal Code and in compliance of the said direction, charge sheet was submitted on 28.7.2008. Petitioner is in jail custody since 15.5.2008. Let the court below verify the submission noted above and if it is true that the case remained pending for investigation for about four years and thereafter on the direction of the Dy.S.P., charge sheet was submitted on 28.7.2008, then petitioner, Jeewan Ram be released on bail on furnishing bail bond of Rs. 5,000/- (Rs. five thousand only) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Sakra P.S. Case No. 353 of 2004. In the event aforesaid submissions are not found correct, then this order need not be given effect to. Arjun/ (V.N. Sinha, J.) - 2 -