IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6044 of 2009 DINESH RAI @ DINESH KUMAR S/o Sri Santalal resident of village Sukulpur P.S.Fathua Dist.Patna Petitioner Versus STATE OF BIHAR Opposite party ----------- 02 16.07.2009 Heard learned counsel for the petitioner and the State. Petitioner is apprehending his arrest in connection with a case registered for the offence under Section 302/34 of the Penal Code which was lodged against unknown. Petitioner has been implicated during the supervision of the occurrence by the Dy. S.P in his report dated 8.3.2007 (Annexure 2). It is submitted on behalf of the petitioner that from perusal of the report dated 8.3.2007 (Annexure 2) would indicate that thereunder the petitioner has been implicated along with one Akhilesh Rai @ Akhilesh Kumar on the basis of suspicion raised by the second wife of the deceased. It is submitted on behalf of the petitioner that the petitioner and the said Akhilesh Rai are the brother-in-law of the informant who is full brother of the deceased. Akhilesh Rai has been admitted to the privilege of bail in the event of arrest /surrender under orders of this Court dated 7.11.2008 (Annexure 5). It is further submitted on behalf of the petitioner that there is nothing to distinguish the case of the petitioner with that of Akhilesh Rai . Once he has been admitted to the privilege of bail this Court should allow similar treatment to the petitioner as well. Counsel for the State accepts the position that the case of the petitioner and Akhilesh Rai is similar. Let the petitioner surrender in the court below within four - 2 - weeks from today and the court below should examine the case of the petitioner with the case of Akhilesh Rai and if case is similar to that of Akhilesh Rail he (Dinesh Rai @ Dinesh Kumar) be allowed similar treatment. Until such consideration is made, no coercive step shall be taken against the petitioner. It is, however, made clear that if as per the consideration made by the court below the court below is of the opinion that the case of the petitioner is different from Akhilesh Rai, the court below will pass appropriate orders in accordance with law. The application is, accordingly, disposed of. Let this order be communicated to the court below (Chief Judicial Magistrate, Patna in Phulwarishariff P.S. Case no. 13 of 2007) through FAX on payment of usual charge by the petitioner. shahid (V.N.Sinha, J)