IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.38978 of 2011 ====================================================== 1. Jawahir Choudhary. 2. Suresh Choudhary. 3. Parash Choudhary. 4. Lalu Choudhary. 5. Haresh Choudhary. .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== 2 23-11-2011 Heard learned counsels for the petitioners and the State. The petitioners are apprehending their arrest in a case registered under Section 302/34 of the Indian Penal Code. The case has been lodged by the cousin brother of the deceased alleging that the wife of the deceased had illicit relation with petitioner no.1, Jawahir Choudhary as a result of which the victim was assaulted by all the accused persons and was administered poison. It appears that the wife of the deceased has also lodged a complaint case alleging accusation against the informant. It is submitted by learned Sr. counsel for the petitioners that the informant was with inimical terms from before as earlier also the informant lodged the case being Kateya P.S. Case No. 44/2011 against these petitioners and thereafter the present case has been lodged. It is further submitted that the informant has filed a petition before the learned court below retracting from his initial version, which also gets reflected from the impugned order. Though, the postmortem report has not been brought on record but the impugned order suggests that no external injury was found and the viscera has been preserved. Considering the suspicious nature of accusation based on substantial evidence, let the above named petitioners be released on anticipatory bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing the bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gopalganj in connection with Kateya P.S. Case No. 08/2011 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. Amrendra Kumar/- (Dinesh Kumar Singh, J)