IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17027 of 2010 JAGDISH CHOUDHARY Versus STATE OF BIHAR ----------- 04 10.11.2010 Heard learned counsel for the petitioner as well as for the State. Admittedly, petitioner is father in-law of the deceased and earlier case was registered under sections 304B, 201/34 IPC but subsequently, chargesheet was submitted for the offence under section 302 of the IPC. It would appear from perusal of the FIR itself that there is specific allegation against this petitioner as well as other accused that on the alleged date of the occurrence they brutally assaulted the deceased. Furthermore, it would appear from FIR that much prior to the death of the deceased, informant had already filed a Sanha in the court of SDO, Rosera in respect of ill-treatment meted out by the petitioner as well as other family members. No doubt, mother-in-law has already been released on bail but admittedly, she has been released on regular bail. In the aforesaid circumstances, this anticipatory bail petition stands rejected. However, petitioner is directed to surrender and seek regular bail before the learned court below within thirty days from today and if, he does so, the learned court below shall consider regular bail application of the petitioner on its own merit without being prejudiced by this rejection order. Let this order be communicated to the court below 2 (CJM, Samastipur in Warisnagar P.S. Case no. 117/2008) through FAX at the cost of the petitioner. Shahid ( Hemant Kumar Srivastava, J.)