Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24549 of 2012 ====================================================== Babloo Singh @ Kaushal Kishore .... .... Petitioner/s Versus 1. The State Of Bihar 2. Anjani Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 14-09-2012 Heard learned counsels for the petitioner, the State and the complainant. The petitioner being the own brother of the deceased is apprehending his arrest in a complaint case in which cognizance has been taken for the offences punishable under [STATUTE] . Initially U.D. Case No. 12 of 2009 was registered on 09.12.2009 at the behest of the father of the deceased. Subsequently on 16.12.2009 Complaint Case No. 1461 of 2009 was filed by the wife of the deceased which was transferred under Section 156(3) of the Cr.P.C. which subsequently registered as Nawada (Town) P.S. Case No. 49 of 2010. In the said complaint the accusation was levelled against this Patna High Court Cr.Misc. No.24549 of 2012 (3) dt.14-09-2012 2/3 petitioner that he caused fire arm injury to the husband of the complainant as a result of which he succumbed to the injuries. During investigation the accusation was found false and final form was submitted on 25.07.2010. Final form was accepted on 07.12.2010 and on protest the cognizance was taken on 08.02.2012. Learned counsel for the complainant submits that the accusation is specific against this petitioner. Considering the lodging of initial U.D. case at the behest of the father of the deceased, delayed lodging of the complaint and finding the accusation false during investigation, which clouds bonafide of the accusation, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Nawada in connection with Protest Complaint Case Patna High Court Cr.Misc. No.24549 of 2012 (3) dt.14-09-2012 3/3 No. 1436 of 2010, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. DKS/ (Dinesh Kumar Singh, J.) .

Applicable IPC Section: 302

Statute Text:
Section 302 of the Indian Penal Code. Murder. Whoever commits murder shall be punished with death, or imprisonment for life, and shall also be liable to fine.