IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.7659 of 2009 ***** Anwar Quraishi son of Late Yasin Quraishi, resident of village- Pirahibag, Ward No.15, Daudngar, P.S. Daudnagar, District-Aurangabad (Bihar). …. …. Petitioner Versus The State of Bihar …. …. Opposite party ----------- 2. 8.7.2009. Heard learned counsel for the petitioner and the learned A.P.P. for the State. Two persons have been made named accused in Daudnagar P.S. Case No.173/07, which is a case under Section 302, 376, 201/34 of the Indian Penal Code. Present petitioner is the father and the other accused is his son. Allegation, according to the F.I.R., is that the daughter of the informant, Afsana Khatoon, had gone to attend to the call of nature and when she did not return for sometime the informant went looking around and when she reached the spot she saw two persons fleeing away and thereafter she found the dead body of her daughter. She also alleged that it seems that the son of the petitioner had also committed rape upon the deceased and the father had tried to hide the body and cover-up the offence. It is contended on behalf of the petitioner that though this petitioner has been made accused but even according to the F.I.R. there is nothing to indicate that he was part and parcel of the heinous crime committed and that is not the allegation also in the F.I.R. Further by way of an affidavit a certificate has been brought on record to show that the prime accused, namely, Sarwar Quraishi, has surrendered before the Court below. Looking at the nature of the allegation and the evidence his case - 2 - for bail may be considered. Since the primary allegation seems to be against Sarwar Quraishi, who has already surrendered, let the present petitioner, namely, Anwar Quraishi, be released on bail on his furnishing bail bond in the sum of Rs.20,000/- with two sureties in the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Daudnagar, Aurangabad, Bihar with a direction that the petitioner shall not misuse the privilege of bail by interfering with the course of law and shall cooperate in the trial. Pawan/- (Ajay Kumar Tripathi, J.)