IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.18813 of 2009 SHRI SAHANI S/o Ramadhari Sahani resident of village Tajwa Koirgawan P.S. Pipra Dist. East Champaran Versus Petitioner STATE OF BIHAR ----------- 2 27.05.2009 Heard learned counsel for the parties. The petitioner apprehends arrest in Pipra P.S. Case no.164 of 2008 instituted under sections 302,379/34 of the Indian Penal Code. It is alleged that the deceased was called at late hour in the night in the pretext that the lady therein was seriously ill. The moment the deceased reached the house, he was assaulted in the Angan and killed. The petitioner submits that there is counter case also. The counter case is that the deceased had got into the house late hour in the night with an intent to rape one of the ladies in the house. On having discovered, he was beaten to and in course of treatment he was dead. Be that as it may, there is counter case and investigation is pending, I am not inclined to grant anticipatory bail to the petitioner at this stage. However, the petitioner may surrender before the court below and in view of the facts stated above and other facts that may be pleaded the court below would pass order in accordance with law without being prejudiced by the orders of this court. shahid (Navaniti Prasad Singh , J)