IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.27829 of 2008 LAXMAN RAI & ORS Versus STATE OF BIHAR ----------- 2 25.08.2008 Heard learned counsel for the petitioner and the State. Petitioners are accused in a case for the offences registered under Sections 304(b), 201/34 of the Indian Penal Code. It is submitted that the present case has been filed in haste without verifying the true state of affairs. As a matter of fact, deceased had died due to ailment, as would appear from annexure-2. It is further submitted that the petitioner 1,2 and 3 at the material time were outside the State and as such, he could not appear earlier. However, trial of the co-accused Dasrath Rai in which the informant had appeared and did not support the prosecution case by deposing that deceased had died due to diarrhoea and not killed by the accused persons. Certified copy of the order whereby the co-accused Dasrath Rai was acquitted by judgement dated 13th of January 2007 in Sessions Trial No. 7 of 2006, has been produced by the petitioner which is kept on the record. He further submits that co-accused Devanti Devi , Gotani of the deceased has been allowed anticipatory bail vide order dated 26.06.2006 passed in Cr. Misc. No. 16255 of 2006. Considering the submissions as made above, it is directed that in the event of arrest or surrender within a period of four weeks from today, the petitioners, namely, Laxman Rai, Ravindra Rai and Manako Devi be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Chapra in connection with 2 Amnour P.S. Case No. 72 of 2004 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure. Jagdish/- ( Shailesh Kumar Sinha,J.)