IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.46659 of 2009 1. Suraj Mahto @ Surang Mahto, S/o Late Chandradeep Mahto. 2. Musafir Mahto, S/o Shiv Charan Mahto. Both residents of Village- Bardahiya, P.S. marhowrah, District- Saran, at Chapra. ………………Petitioners. Versus The State of Bihar ………………………….Opposite Party. ----------- 3. 06. 04. 2010. Heard Mr. Raghuvendra Kumar, learned counsel appearing on behalf of the petitioners and Dr. Indiwar kumari, learned Additional Public Prosecutor for the State. The petitioners apprehend their arrest in connection with Marhowrah P.S. Case No. 47 of 2009 dated 15. 03. 2009, registered under Sections, 364, 302 and 201/34 of the Indian Penal Code. According to the prosecution case, co-accused Kamlawati Kumari was having love affairs with the deceased Akhilesh Mahto for last one year, but that was being opposed by the family members, yet the relationship continued. Thereafter, co- accused Kamlawati Kumari is said to have called the deceased and took him to a place where all the accused persons are said to have killed the deceased. It is submitted by the learned counsel for the petitioners that Petitioner No. 1 is a co-villager and he had no motive to commit the crime in question. However, Petitioner No. 2 is father of co- accused Kamlawati Kumari. Learned counsel for the State has strongly opposed the prayer for grant of anticipatory bail to the petitioners. Be that as it may, in the facts and circumstances of the 2 case, prayer for grant of anticipatory bail of Petitioner No. 2 is rejected. He must surrender in the court below within a period of four weeks from today and if so advised, seek regular bail. If such a petition is filed, then the same may be considered on its own merit without being prejudiced by the present order. So far, Petitioner No. 1 is concerned, he is said to be co- villager and having no motive to participate in the crime in question, in that view of the matter, Petitioner No. 1, namely, Suraj Mahto @ Surang Mahto, 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, Saran at Chapra, in connection with Marhowrah P.S. Case No. 47 of 2009, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. m.p. ( Birendra Prasad Verma, J.)