Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6708 of 2012 ====================================================== Arjun Mahto .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 26-04-2012 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in connection with Deep Nagar P.S. Case No. 11 of 2011 registered for the offences punishable under [STATUTE] pending in the court of learned Chief Judicial Magistrate, Nalanda at Biharsharif. It is alleged that on 29.01.2011, the informant went to his sasural to bring his wife but did not return, next day in the morning the family members saw the dead body of the son of the informant with firearm injuries when it was alleged that the in- laws’ families of the deceased assaulted and killed him. It is submitted by learned counsel for the state that the petitioner being the maternal brother of the wife of the deceased also conspired in killing the victim when it is submitted by learned counsel for the petitioner that the petitioner is only the co-villager of the maternal uncle of the wife of the deceased and there is no eye-witness to the occurrence and on mere suspicion accusation Patna High Court Cr.Misc. No.6708 of 2012 (5) dt.26-04-2012 2/2 has been levelled. This Court is not inclined to grant anticipatory bail to the petitioner, however, let the learned court below consider the regular bail of the petitioner if the petitioner surrenders within a period of six weeks keeping in view the suspicious nature of accusation when there is no eye-witness to the occurrence. With the above observation, this application is, accordingly, disposed off. Let the order be transmitted to the learned court below through fax at the cost of the petitioner. Amrendra/- (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.