IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15657 of 2011 1. SITA DEVI 2. VIJAY RAI @ VIJAYEE RAI 3. JITENDRA RAI @ AJAY KUMAR 4. NOKHELAL RAI. Versus THE STATE OF BIHAR ----------- 2 19.05.2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a complaint case in which cognizance has been taken under Section 302/34 of the Indian Penal Code. Initially, the case was registered when during the investigation, the accusation was found false and final form was submitted in the year 2001, thereafter, the protest petition was also dismissed in the year 2003. The dismissal of the protest was carried in revision and in pursuance to the revisional order passed in the year 2009, the process has been issued on 23rd of March, 2011 against the petitioners. It is submitted by the learned counsel for the petitioners that the final form was submitted against the mob under Section 304 of the I.P.C. since, the victim was criminal and he was assaulted by mob. 2 It is submitted by the learned counsel for the State that on the protest five witnesses were examined and the doctor found the firearm injury and final form does not negate the death of the victim by firearm injury which only creates doubt about the involvements of the petitioners and subsequently, the doubt was created with the dismissal of the protest petition. Considering the aforesaid facts, let the above named petitioners, be released on anticipatory bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate,1st Class, Muzaffarpur in connection with Complaint Case No. 2260/2001, subject to the conditions as laid down under Section 438(2) Cr.P.C. Amrendra/- (Dinesh Kumar Singh, J.)