IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.38922 of 2009 1. Md. Tahir, son of Late Md. Firoz, resident of Village- Jainagar (Bhelwatole) Water Wage Chauk, P.S.-Jainagar, District- Madhubani. 2. Md. Haroon, son of Bholi Master, resident of Village- Kalyanpur, P.S.- Kalyanpur, District-Sirha (Nepal). …….Petitioners. Versus The State of Bihar ………………………Opposite Party. ----------- 3. 31. 03. 2010. Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioners and Mr. Uma Shankar Pd. Singh, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Jainagar P.S Case No. 155/09 dated 22. 08. 2009, registered under Section 302/34 of the Indian Penal Code. According to the prosecution case deceased Zahira Khatoon was married with Petitioner No. 2, namely, Md. Haroon about 14-15 years earlier and from the said wedlock they have two children. Petitioner No. 1 is the brother-in-law of Petitioner No.2. Learned counsel for the petitioners submits that, though, there is allegation of strangulation of deceased by all accused persons, but in course of investigation, material has been collected by the Investigating Officer that the deceased was taken to Doctor for her treatment and therefore, he has denied the prosecution allegation. Be that as it may, in view of nature of allegation, Petitioner No. 2 being husband of the deceased, his prayer for grant of anticipatory bail is rejected. He must surrender in the court below 2 within a period of four weeks from today and, if so, advised seek regular bail. If such a petition is filed, then it should be disposed of on its own merit without being prejudiced by the present order. However, so far Petitioner No. 1 is concerned, he happens to be brother-in-law of Petitioner No. 2 and there is no legal material to show his direct complicity in the crime in question. In that view of the matter, Petitioner No. 1, namely, Md. Tahir, in the event of his arrest/surrender within a period of four weeks from today, 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, Madhubani, in connection with Jainagar P.S. Case No. 155/09, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. m.p. ( Birendra Prasad Verma, J.)