IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.51001 OF 2008 MUKESH PRASAD @ MUKESH PRASAD BARNWAL, SON OF HARISHCHANDRA PRASAD BARNWAL, RESIDENT OF VILLAGE DUDHPURA, POLICE STATION HASANPUR, DISTRICT SAMASTIPUR VERSUS STATE OF BIHAR ********* 2 23.01.2009 Learned Counsel for the petitioner is permitted to make necessary correction in the prayer portion of this application. Heard Counsel for the petitioner, the informant and the A.P.P. appearing on behalf of the State. The petitioner who is the husband of the daughter of the informant is an accused in a case under Section 304B, 120B/34 of the Indian Penal Code. In the First Information Reports which have been annexed in the application, there is not a single word alleged against the petitioner. Infact, it has been stated that the deceased was living with her husband happily at Delhi. On the other hand, it has been alleged that the brother-in-law Ritesh Prasad Barnwal had demanded a four-wheeler from the father of the deceased. However, the said demand by Ritesh 2 Prasad Barnwal was made on the alleged date of death of the deceased, which accordingly to the Counsel for the petitioner does not seem probable. It is also submitted that the petitioner was not present at the place of occurrence. In the circumstances aforesaid, the petitioner Mukesh Prasad @ Mukesh Prasad Barnwal is directed to be released on anticipatory bail in the event of his arrest or surrender before the Court below within a period of six weeks from today in Hasanpur Police Station Case No. 71 of 2008 on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera at Samastipur subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure. Anand ( Sheema Ali Khan, J. )