IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.17741 of 2011 Dinanath Bhagat Versus The State Of Bihar ----------- 3 01.07.2011 Heard learned counsels for the petitioner and the State. The petitioner is apprehending his arrest in a case initially registered under Sections 341, 323, 324, 326 and 307/34 of the Indian Penal Code subsequently Section 302 was also added. It is alleged against Fukan Sah and ram Babu Sah to have killed the victim by putting her on fire. Initially, the charge sheet was submitted under Section 341 and 302 of the I.P.C. against Fukan Sah in which cognizance has been taken. The petitioner was the witness in the F.I.R. as well as in the protest petition. It appears from Annexure-2 that on 08.02.2011, the S.H.O. Darbhanga filed a petition before the C.J.M. Darbhanga in view of the report of the Supervising Officer as well as the statement of the witnesses and report 3 of the S.P.,since the case against petitioner has been found under S. 306 I.P.C. The requisition of the S.H.O., in view of the earlier charge sheet under Section 302 not only appears to be unreasonable but appears to be absurd. Considering the aforesaid facts, let the above named petitioner, be released on anticipatory bail, in the event of his arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Sadar (Darbhanga) P.S. Case No. 88/2010, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)