IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15865 of 2010 1. BABLOO RAI SON OF LATE DINESH RAI 2. JITENDRA RAI SON OF LATE DINESH RAI, BOTH RESIDENT OF VILLAGE NARAYNAPIPAR, P.S. CHERIA BARIARPUR, DISTRICT- BEGUSARAI Versus THE STATE OF BIHAR ----------- 2 20.05.2010 Heard learned counsels for the petitioners and the State. The offence alleged is under sections 302/34 of the Indian Penal Code. It is submitted that the petitioners have been falsely implicated in this case on mere suspicion although the deceased had died due to accident and it is not that she was burnt. Learned counsel for the State submits that there is specific allegation against the petitioner no.1. Considering the facts and circumstances of the case as also the above submissions, it is directed that in the event of arrest or surrender within a period of four weeks from today, let the petitioner no.2, namely, Jitendra Rai be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, in connection with Cheria Bariarpur P.S. Case No. 119 of 2009 subject to the conditions as laid down under section 438(2) of the Code - 2 - of Criminal Procedure. As regards the petitioner no.1 namely, Babloo Rai, considering the nature of allegations levelled against him, this Court is not inclined to allow him the privilege of anticipatory bail. His prayer for bail is, accordingly, rejected. However, in case petitioner no.1 surrenders in the Court below and makes an application for grant of regular bail, the same shall be considered on its own merit without being prejudiced by the present order. Manish/- ( Shailesh Kumar Sinha,J.)