IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.37123 of 2009 1. MAHESHWAR MAHTO S/O LATE HARNAN MAHTO VILL.- CHAND PARSA, PACHHIARI TOLA DAULATAPUR, P.S.- KESSARIYA, DISTT.- EAST CHAMPARAN 2. RINA DEVI W/O MAHESHWAR MAHTO VILL.- CHAND PARSA, PACHHIARI TOLA DAULATAPUR, P.S.- KESSARIYA, DISTT.- EAST CHAMPARAN …….PETITIONERS Versus THE STATE OF BIHAR ……OPPOSITE PARTY ----------- 02. 11.12.2009 Heard learned counsel for the petitioners and the State. Petitioners are apprehending their arrest in connection with Kessariya P.S. Case No. 120/08, instituted on the basis of Complaint Case No. 1645/08 for offences under Section 302/34 of the Indian Penal Code. Counsel for the petitioners submits that some altercation took place in between the parties on 11.07.2008. As per the allegation, petitioners threw the son of the informant on ground and pressed his chest. On 19.07.2008 the son of the informant was examined by Doctor and referred to Sadar Hospital, Motihari. He was admitted in the hospital and died on 27.07.2008. No postmortem was conducted neither any information was given to the police. Subsequently on 06.08.2008 a complaint case was instituted and thereafter it was converted into a police case. The chain of events do not 2 indicate that petitioners have killed the son of the informant as there is no link in between. Considering these facts, the prayer for Anticipatory bail on behalf of the above named petitioners is allowed. They are directed to release on Anticipatory bail, in case of their appearance before the Court concerned within four 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 Chief Judicial Magistrate, Motihari in connection with Kessariya P.S. Case No. 120 of 2008. Shageer (Mridula Mishra, J)