IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.22229 of 2008 RAMESH KUMAR CHAUDHAY & ORS Versus THE STATE OF BIHAR ----------- 4. 18.9.2008 Heard the learned counsel for the petitioners and the learned APP for the State as well as the learned counsel appearing for the informant. The petitioners are apprehending their arrest in connection with Bhathnaha P.S. Case No.6/2008 for the alleged offences registered under sections 328, 341 and 307/34 of the I.P.C. It is submitted on behalf of the petitioners that there is no specific allegation against the petitioners of giving poison. However, they have been made accused on mere suspicion. Besides the above, it is submitted that the present case has been lodged on account of previous enmity due to filing of the complaint by petitioner no.2 against the informant in the vigilance as per the F.I.R. contained in Annexure 2 as well as complaint case filed by petitioner no.3 against the informant for the offences under section 409, 420, 468 and 120B of the Indian Penal Code, as contained in Annexure 3. In addition to the above, during investigation some of the witnesses have not supported the allegation. It is further submitted that another co- accused, namely, Bindeshwar Chaudhary, has been allowed anticipatory bail by this Court vide order dated 22.7.2008 passed in Cr.Misc. No.19981 of 2008. The certified copy of the said order has been produced, which is being kept on the record. The learned APP on perusal of the case diary submits 2 that it has come during investigation that one of the witnesses has stated that the petitioners have been implicated in this case on account of several cases filed against the informant by the accused persons. The learned counsel appearing for the informant has appeared on his own and filed Vakalatnama and opposes the prayer for bail. Considering the above, it is directed that petitioners Ramesh Kumar Chaudhary, Sunil Kumar Chaudhary and Sunita Kumari @ Sunita Chaudhary, in the event of their arrest or surrender in connection with Bhathnaha P.S. Case No.6/08, within a period of four weeks from today, be enlarged on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, in connection with the aforesaid case, on the conditions mentioned in sub-section (2) of section 438 of the Code of Criminal Procedure. PNM (Shailesh Kumar Sinha, J.)