Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17790 of 2012 ====================================================== Kishori Singh @ Kishori Prasad Singh .... .... Petitioner/s Versus 1. The State Of Bihar 2. Anjani Devi .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 14-05-2012 Heard learned counsels for the petitioner, the State and the complainant. The petitioner being the unfortunate father 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 this petitioner when his son died. Subsequently on 16.12.2009 complaint filed Complaint Case No. 1461 of 2009 which was transferred under Section 156(3) of the Cr.P.C. which was registered as Nawada (Town) P.S. Case No. 49 of 2010. In the complaint the accusation against the petitioner was that on his order his other son Bablu Patna High Court Cr.Misc. No.17790 of 2012 (2) dt.14-05-2012 2/3 caused firearm 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. It is submitted by learned counsel for the petitioner that the complaint was lodged with delay of seven days whereas in the protest petition even the accusation of order giver is against the petitioner, whereas it is submitted by learned counsel for the complainant that it was a case in the complaint that on the order of this petitioner his other son Bablu caused firearm injury to the husband of the complainant. Considering the fact that accusation was found false during investigation, 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 Patna High Court Cr.Misc. No.17790 of 2012 (2) dt.14-05-2012 3/3 connection with Protest Complaint Case 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.