IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12199 of 2010 Mithu Kumar @ Vishwajeet Kumar, son of Dhirendra Kumar Singh, resident of Village- Ufraul, P.S. Desri, District- Vaishali. …………………………..Petitioner. Versus The State of Bihar ……………………..Opposite Party. For the petitioner :- Mr. Pankay Kr. Sinha, Advocate. Mr. Santosh Kumar, Advocate. For the State :- Mr. Mritunjay Kumar Nirala, A.P.P. ----------- 2. 05. 05. 2010. Heard the parties. In a criminal prosecution for offences under Sections 302/201/34 of the Indian Penal Code, co-accused Dhirendra Kumar Singh, father of the petitioner, is specifically alleged to have assaulted the husband of the informant by Farsa on his head as a result of which he became injured and was treated by the Doctors. After improvement in the condition of the husband of the informant, he was brought back to his home. Subsequently, his condition deteriorated, thereafter, co-accused Dhirendra Kumar Singh and this petitioner are said to have brought him to Patna for treatment, where during the course of treatment, he is said to have died. Dead body of the deceased was taken away by the accused person including the petitioner to some other unknown place. It is submitted by the learned counsel for the petitioner that apparently the petitioner is not alleged to have participated in the assault upon the deceased and at best he can be said to have committed an offence under Section 201 of the Indian Penal Code. Taking into consideration the facts and circumstances of 2 the case, particularly the fact that the petitioner is not said to be responsible for the death of the deceased, in the event of his arrest/surrender in connection with Desri P.S. Case No. 247 of 2009, within a period of four weeks from today, the petitioner, namely, Mithu Kumar @ Vishwajeet Kumar, shall be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Vaishali at Hajipur, subject to the conditions as laid down under Sections 438(2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)