IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.44399 of 2009 1. RAJESH TIWARY @ NAKHRU TIWARY S/O DURGA SHANKAR TIWARY R/O VILL- ATARWALIA, P.S- MOHANIA, DISTT- KAIMUR (BHABUA) Versus 1. THE STATE OF BIHAR ----------- 3 19.3.2010 Heard counsel for the petitioner and the State. The petitioner apprehends his arrest in a case under sections 302/34 of the Penal Code. The informant is the uncle of the decased Poonam Devi. It is alleged by the informant that on the date of occurrence while he was returning after attending the call of nature at about 3 A.M. he saw two persons fleeing towards west by covering their faces and therefore he could not identify them. On the same morning at about 4 A.M. his niece Suman Devi informed him that Poonam Devi is lying unconscious having her hands tied and a rope around her neck. Learned counsel for the petitioner submits that there is no materials against him save and except suspicion. He submits that after the alleged occurrence when people assembled, one Sonu tried to pick the Mobile Phone of the deceased but co-accused Rakesh Tiwary, the full brother of the petitioner forbade him from picking up the same. It would appear from paragraph 3 of the order of learned Sessions Judge that there was some telephonic talk between the deceased and the petitioner on the previous date. Learned State counsel submits that investigation is going on. Considering the facts and circumstances of the case, the 2 KHAN petitioner Rajesh Tiwary @ Nakhru Tiwary is directed to be released on anticipatory bail, in the event of his arrest/surrender within six weeks from today, in connection with Mohania P.S. Case No.268 of 2009 on furnishing bail bond of Rs.5,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua till filing of the final form or charge sheet. (S.P.Singh,J)