IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8976 of 2008 BHOLA PRASAD GUPTA Versus THE STATE OF BIHAR ----------- 2. 16.05.2008 Mr. Pramod Rajpati, Advocate files power on behalf of the complainant. Let the same be kept on the record. Heard learned counsel for the petitioner, learned counsel for the complainant and learned Additional Public Prosecutor for the State. The petitioner prays for anticipatory bail in a case under Section 328 and 302/34 of the Indian Penal Code which was earlier instituted as P.S. Case but on final form being submitted and accepted by the court below has continued as a complaint case. The allegation against the petitioner is that he being the cousin of the husband of the complainant had administered pesticide to him as a result of which he died. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on account of previous enmity existing between them relating to the partition of the property. It is submitted that the case was lodged as Police Station case under the aforesaid sections itself but on investigation the police submitted final form so far as the said allegations are concerned and found it true under Section 306 IPC but untrue so far as the accused persons are concerned. It is submitted that it is evident from the said police investigation that the allegations made against this petitioner have not been found to be true at the end of the police investigation 2 and only on account of the previous enmity they are being falsely implicated in the present case. Learned counsel for the complainant, on the other hand, sought to rely upon the allegations made in the protest-cum-complaint petition. On a consideration of the facts and circumstances of the case, it is directed that the petitioner, Bhola Prasad Gupta, in the event of his arrest/surrender in the court below within four weeks from today, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with complaint case No. 171(C ) of 2001 to the satisfaction of the Chief Judicial Magistrate, Patna subject to other applicable conditions laid down under Section 438(2) Cr.P.C. S. Pandey (Ramesh Kumar Datta, J.)