IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.12407 of 2011 1. MD. HASIM, Son of Late Md. Jahoor. 2. Md. Abid 3. Md. Shahid Both sons of Md. Hasim. Resident of village-Bihari, P.S.-Bhagwanpur, District- Vaishali, at Hajipur. …………Petitioners. Versus THE STATE OF BIHAR ----------- 5 14.06.2011 Heard learned counsel for the petitioners and learned counsel for the State. Petitioners are accused for offences punishable under Sections 364/34 of the Indian Penal Code. Learned counsel for the petitioners submit that complaint was filed on 24.9.2010 (Annexure-1) by the wife of the victim alleging that her husband, Md. Gani was traceless and it was the petitioners who had taken him away with them against the wishes of the deceased. From the materials on record as well as from the case diary it transpires that the allegation in the complaint is that the deceased was taken away by the petitioners on 20-6-2010 where after the deceased went to Madhya Pradesh and had talks with his wife till 25.7.2010. It also transpires that on 29.7.2010 (Annexure-5) the body of husband of the informant was found on the railway track by the police in Madhya Pradesh, but it could not be identified. It also 2 transpires that when no news was heard about the husband of the complainant, petitioner no.1 went to Madhya Pradesh on 01-08-2010 which is apparent from ticket (Annexure-2) and thereafter filed a petition dated 03-08-2010 (Annexure-3) before the police in Madhya Pradesh, and only then he was informed about the said accident and he identified the deceased by his photographs and cloths. Learned counsel for the petitioners further submits that in the aforesaid facts and circumstances the petitioners have got no concern with the said incident and the petitioner no.1 had gone to Madhya Pradesh much after the death of the deceased whereas petitioner nos. 2 and 3 are students studying at Muzaffarpur and Noida respectively. Learned counsel for the petitioners further states that the petitioners have been falsely implicated due to family dispute as petitioner no.1 happens to be uncle of the deceased and after death of the deceased his widow has become inimical towards the petitioners due to which the said complaint was lodged after about two months of the death of the deceased. She also states that the petitioners have got no criminal antecedent and have been falsely implicated. Considering the aforesaid facts and 3 circumstances, this petition for anticipatory bail is allowed. In the event of arrest or surrender of petitioners, namely, Md. Hasim, Md. Abid and Md. Shahid within thirty days from the date of receipt of a copy of this order in the court below, they shall be admitted to bail on executing bail bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Bhagwanpur P.S. Case No.189/2010 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. PN ( S.N. Hussain, J.)