Patna High Court - OrdersSanjay Rai vs State Of Bihar on 20 August, 2009IN THE HIGH COURT OF JUDICATURE AT PATNA
                        Cr.Misc. No.8758 of 2009
                1.RAJ MANGAL RAI @ BHUTARI RAI
                2.JAI MANGAL RAI @ BODHA RAI
                  BOTH SONS OF LATE AMIRI RAI
          RESIDENT OF VILLAGE MANIYARI,P.S.SITAMARHI,DISTT.SITAMARHI
                                 Versus
                             STATE OF BIHAR
                                    With
                        Cr.Misc. No.25552 of 2009
             SANJAY RAI SON OF RAMASHISH RAI @ RAMASHISH PRASAD YADAV
               RESIDENT OF VILLAGE MANIYARI,P.S.& DISTRICT SITAMARHI
                                 Versus
                             STATE OF BIHAR
                              -----------

3/   20.8.2009Both the above applications have been heard

                   together and are being disposed of by this common order

                   because they have arisen out of one occurrence.The petitioners seek bail in a case which has

                   been registered for offences underSections 328and302/34of the Indian Penal Code regarding suspected

                   killing of the informant's brother Ram Sohai Yadav who

                   was suspected to be involved in getting the wife of

                   petitioner Jai Mangal Rai to go to her paternal house.

                   The informant's brother was caught on 28.12.2008 at

                   about 6.00 P.M. by the petitioners and others and he

                   was thrown in unconscious position in front of his

                   house on         30.12.2008 at 10.00 A.M. The informant's

                   brother    was    brought   to    hospital     but    in    course    of

                   treatment, he died        at 10.00 P.M. on that date.Submission      is      that      in       course        of

                   investigation,      witnesses     have   stated      that   they    have

                   seen   the     occurrence    when    the       victim       was    being

                   assaulted      by the petitioners and others but the doctorhas not found any ante-mortem injury which goes to show

                   the    false       implication      of   the    petitioners.         The

                   petitioners have fair antecedent and no body has seen

                   the occurrence. The case of              poisoning has not been2substantiated.The prayer for bail of the petitioners has

          been    opposed        by    learned   counsel   appearing    for    the

          informant.Considering      the    facts   and   circumstances   of

          the case, let the above name petitioners of both the

          applications be released on bail on furnishing bail

          bonds     of     Rs.10,000/-(ten        thousand)     each   with    two

          sureties of the like amount each to the satisfaction of

          learned        Chief    Judicial       Magistrate/concerned     court,

          Sitamarhi in Sitamarhi P.S.Case No. 686 of 2008.Tahir/-                               ( Shyam Kishore Sharma, J.)