IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26404 of 2010 SURESH RAI & ANR Versus STATE OF BIHAR ----------- 3 16.11.2010 Heard learned counsel for the petitioners as well as learned counsel for the state. Admittedly, petitioners and informant are agnates and the alleged occurrence took place on account of land dispute in which informant’s wife sustained injury and subsequently, died. Initially, the case was instituted under bailable sections but after death of informant’s wife, section 302 Indian Penal Code was added. Paragraph-17 of the case diary reveals that the statement of the deceased was recorded by the concerned I.O. and the deceased very specifically stated that she sustained injury accidentally. So far as informant is concerned, paragraph-35 of the case diary reveals that he sustained simple injury said to be caused by hard and blunt substance. Admittedly, no specific overt act has been attributed against these petitioners. Considering the aforesaid facts and circumstances, this anticipatory bail petition is allowed. In the event of arrest/surrender within 30 days from receipt of the order, the petitioners, namely, Suresh Rai and Naresh 2 Rai @ Ram Naresh Rai shall be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) each with two sureties of the like amount each in connection with Jandaha P.S. Case No. 54 of 2010 to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur subject to condition as laid down u/S 438(2) of the Cr.P.C, AKV/- ( Hemant Kumar Srivastava,J.)