Case Facts:
Patna High Court Cr.Misc. No.24840 of 2012 (5) dt.11-12-2012 IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.24840 of 2012 ====================================================== Gautam Tiwari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26475 of 2012 ====================================================== Birendra Tiwari @ Malu Tiwari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.26542 of 2012 ====================================================== Siya Ram Tiwari .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 5 11-12-2012 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under [STATUTE] and section 27 of the Arms Act. It is alleged that the daughter of the informant was married with one Mathura Tiwari when Mathura Tiwari had some land dispute with his uncle Munmun Tiwari. On 25.11.2011, the daughter of the informant and minor grand son Patna High Court Cr.Misc. No.24840 of 2012 (5) dt.11-12-2012 of the informant were killed when FIR was lodged naming these petitioners. It is submitted that these petitioners in no way are connected with Munmun Tiwari with whom informant’s daughter had some enmity. More over, the son and two cousins of the deceased deposed on 27.11.2011 to the effect that they saw these petitioners also fleeing away with enemies from the place of occurrence. It is further submitted that if the son and cousins saw the occurrence then there was no occasion for the informant who is a resident of different village who lodged the FIR on the next day of occurrence i.e. 26.11.2011 not to assign specific role to the petitioners or to state that the son and cousins of deceased conveyed anything to the informant. Statement has been made in the petitions that the petitioners have no criminal antecedent. Considering the aforesaid facts, let the above named petitioners be released on anticipatory bail in the event of 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) each with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas, Sasaram in connection with Baghaila P.S. Case No. 53 of 2011 subject to the conditions as laid down under Section Patna High Court Cr.Misc. No.24840 of 2012 (5) dt.11-12-2012 438(2) Cr.P.C. Anil/- (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.