IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.1311 of 2009 1. RAJU SAH @ RAJU KUMAR 2. MANTI DEVI Versus STATE OF BIHAR ------ For the Petitioner :Mr. Jitendra Kumar Roy & :Mr.Lallan Kumar Verma, Advocates For the State : Mr. C. Jawahar, APP. ----- 3. 22.04.2009 Heard counsel for the parties. The petitioners, who are son and mother, have approached this Court for grant of anticipatory bail in a case instituted under sections 302 and 307/34 IPC. The petitioners are named in the FIR. The allegation is that petitioner no.1 along with other accused persons throttled the neck of the informant’s father. The further allegation is that another accused person Dhrub Sah assaulted the informant with a Bhala in his abdomen causing injuries. Thereafter a general allegation is that petitioner no.2 arrived at the place of occurrence and assaulted the informant with fists and slaps. Counsel for the petitioners submits that in course of investigation, participation of petitioner no.2 in the offence has been doubted. It is further submitted that, in fact, both the petitioners were not sent up for trial but the court below, after going through the records, took cognizance of the offence. Having considered the submissions and the allegations contained in the FIR, this Court is of the view that so far as petitioner no.1 Raju Sah @ Raju Kumar is concerned, no case - 2 - for extension of privilege of anticipatory bail is made out. Accordingly his prayer for bail is rejected. So far as petitioner no.2 Manti Devi is concerned, in the facts and circumstances of the case, in the event of her arrest/surrender in the court below within four weeks from today, she shall be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Sri Ashok Raj, Judicial Magistrate, 1st Class East Champaran at Motihari in Trial No.2386/08, arising out of Paharpur P.S.Case No.48/08, subject to the conditions as contained in section 438 (2) Cr.P.C. hr ( Kishore K. Mandal )