IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32904 of 2010 MANGAL CHANDRABANSHI Versus STATE OF BIHAR ----------- 02/ 29.10.2010 Heard learned counsel for the petitioner as well as learned P.P. for the State. Admittedly, the occurrence took place on 1.3.2010 and the present case was instituted on 5.6.2010 after three months of the alleged occurrence. Furthermore, it appears that just after the alleged occurrence the informant’s mother was taken to PMCH, Patna where her treatment was done and she was discharged form there on 1.3.2010. It appears that informant’s mother died on 5.6.2010 at her home. It is also important to mention here that prior to lodging the instant case informant had given written report to the concerned police station upon which a Sanha was entered and thereafter the complainant filed Complaint Case no. 306/2010 in the court of the C.J.M, Sasaram for the same occurrence and in the said complaint, he clearly stated that it was co-accused Bali Chandra Banshi who gave lathi blow at the head of his mother. Post mort report reveals that the deceased died due to head injury. Therefore, considering the aforesaid circumstances, this anticipatory bail is allowed and it is ordered that the petitioner(Mangal Chandra Banshi) in the event of arrest/ surrender within 30 days from the date of communication of the order be released on bail in connection with Nokha P.S. Case no.93 of 2010 on furnishing bail bond of Rs 10,000/- with two sureties of the like amount each to the 2 satisfaction of the CJM, Sasaram at Rohtas subject to condition as laid down under section 438(2) of the Cr. P.C. shahid (Hemant Kumar Srivastava,J))