IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.13430 of 2008 GANGA RAM MEHTA @ RAM NARAYAN MEHTA Versus STATE OF BIHAR with Cr.Misc. No.15602 of 2008 SURENDRA MEHTA Versus STATE OF BIHAR ----------- 3 03/07/2008 Above noted both applications have arisen out of one occurrence i.e. Jadia P.S. Case No. 73 of 2007 as such they have been heard together and are being disposed of by this common order. Heard learned counsel for the petitioners, learned counsel representing the State and learned counsel appearing on behalf of the informant. Learned counsel for the informant filed counter affidavit in Cr. Misc. No. 15602 of 2008. The petitioners seek bail in a case registered under sections 302, 201/34 of the Indian Penal Code in which these petitioners and five others are named as accused. A written report was given by Poonam Devi in which she stated that she was married on 13.6.2004 with the deceased and she had a son aged about two years out of that wedlock. Informant’s brother Ramesh Kumar Mehta heard regarding murder of the informant’s husband and when they went to the house of her inlaws then she found abnormal behavior of the accused persons and no satisfactory explanation was given. On confidential inquiry she knew that her husband was killed by the accused persons and his dead body was made to disappear without informing the - 2 - informant. The motive behind the occurrence is that her husband had given Rs. 45,000/- to his step brother Ram Lochan Mehta and that was not being returned. Submission is that there is no witness to the occurrence. There was no motive for the petitioners to do away with the life of the informant’s husband. The petitioners are the family members of the deceased and there is no evidence that the petitioner have committed any overt act relating to murder. Learned counsel for the State assisted by the learned counsel for the informant opposed the prayer for bail of the petitioners and stated that the death is otherwise in normal circumstances as the informant was not even informed and his dead body was made to disappear. Though this is a case of murder but there is no direct evidence or even circumstantial evidence connecting the petitioners with the offence. Considering the above facts and circumstances, the petitioner Ganga Ram Mehta @ Ram Narayan Mehta of Cr. Misc. No. 13430 of 2008 and the petitioner Surendra Mehta of Cr. Misc. No. 15602 of 2008 are directed to be released on bail on furnishing of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Supaul in connection with Jadia P.S. Case No. 73 of 2007. avin. (Shyam Kishore Sharma, J.)