IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.32095 of 2009 SRIPATI SINGH @ SRIPATI KUSHWAHA Versus THE STATE OF BIHAR ----------- 3. 08.-3.2010 Petitioner apprehends his arrest in Sahodara P.S.C ase No. 28 of 2009 u/s 147, 149, 302, 201 and 120(B) IPC. Heard. The FIR was lodged on the basis of complaint No. 1734 (c)of 2008 as filed by the informant/complainant Sunaina Devi against 5 other accused and the petitioner was mentioned as a witness in the complaint. The informant had alleged that the five FIR named accused mixed poison in the wine given to informant’s husband Late Baleshwar Ram, the deceased. The petitioner was named as a witness, out of the 4 as named in the complaint. On going through the materials in the case diary, learned counsel for the petitioner submits that during the investigation, the I.O. recorded statement of some witnesses in Para-7, 15, 16, 30, 31, 32, 36 and 37 of the case diary to the effect that the petitioner had illicit relationship with the complainant/informant and seeing the informant and the petitioner in a compromising position, the deceased committed suicide out of anguish. Further submission is that it is due to these materials that the petitioner who stood as a witness in the complaint filed by the informant herself was roped in in the case. Learned counsel also submits that the Police has submitted Charge-sheet No. 6 of 2009 dated 5th October 2009 against the petitioner, informant and 5 others as accused. Learned 2 counsel also submits that there is no evidence that the petitioner was in any way involved in administration of poison to the deceased and that he has been roped in in the case on suspicion. Mr.R.P.S.Singh, A.P.P. does not controvert the above submissions and he does not point out any other material. In the facts and circumstances of the case, in the event of arrest or surrender within two weeks, petitioner Sripati Singh @ Sripati Kushwaha shall be released on anticipatory bail on his furnishing bail bonds of Rs.10,000/- ( ten thousand ) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Sahodara P.S. Case no. 28 of 2009. Jay/ ( C. M. Prasad,J )