IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.14735 of 2008 SHAMBHU NATH UPADHAYA Versus THE STATE OF BIHAR ----------- 2 9.5.2008 Heard. The bail application of the petitioner was earlier rejected vide order dated 7.3.2007 passed in Cr.Misc. No.6528/07. The learned counsel submits that the petitioner is father-in- law. The police after investigation submitted final report whereafter the instant case proceeded on protest-cum- complaint case. The learned counsel further submits that the petitioner has renewed his prayer for bail on fresh ground that the husband of the victim, Neeraj Kumar @ Neeraj Upadhyaya, has been allowed anticipatory bail vide order dated 12.3.2008 passed in Cr.Misc. No.57467/07 by Hon’ble Mr.Justice D.D.Jha. Learned counsel submits that the petitioner’s case is on better footing than that of the husband, Neeraj Kumar @ Neeraj Upadhyaya who has been allowed anticipatory bail vide the aforesaid order contained in Annexure-2. It appears that the petitioner ought to have surrendered after rejection of the order dated 7.3.2007 but as the main accused the husband has already been allowed anticipatory bail I direct that in the event of his arrest or surrender before the court below the petitioner, Shambhu Nath Upadhyaya within four weeks from today he shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the S.D.J.M., Dalsingsarai, Samastipur, in Complaint Case bearingf C.R. No.30/1999 subject to the condition that 2 he will not physically absent for two consecutive dates till three witnesses are examined failing of any condition his bail bond shall be cancelled and he will be taken into custody. Anil Kr. Sinha (Samarendra Pratap Singh,J.)