IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22268 of 2008 RAMESH CHOUDHARY @ MALIK CHOUDHARY Versus THE STATE OF BIHAR ----------- 6. 23.12.2008 Heard Sri Satya Nand Shukla, Advocate for the petitioner and Sri D. Mehta, APP for the State. The petitioner’s name does not appear in the case diary of a case under Sections 364 & 302 of the IPC. The petitioner is not named in the FIR, which was lodged by the wife of the victim. The same lady has made statement in paragraph 4 of the case diary, which get support from other witnesses also that the husband of the informant was forcibly taken away, who appears killed by the present petitioner and other accused persons named by them. The simple contention is that the FIR was lodged after 14 hours of the occurrence at 2.30 p.m., the occurrence having taken place at 12.00 a.m. on 11.10.2000 and still the name of the petitioner or any accused was not figuring in FIT. The contention further is that it could a latter development on account of some influence on the lady and the witnesses. Let petitioner Ramesh Choudhary @ Malik - 2 - Choudhary be released from custody on furnishing a bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Siwan in connection with Siwan (M) P.S. Case No. 161 of 2000. DKS/ (Dharnidhar Jha, J.)