IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.40505 of 2009 JITTU SAO, Son of Late lalu Sao, resident of Mohalla J.K. Bazar, 18th No. Colony, Post Office Bidhan Bagan, Police Station Raniganj, District Vardhman Stae West Bangal. Versus STATE OF BIHAR ----------- 3 25-02-2010 Heard Mr. D.K. Sinha, learned counsel for the petitioner and counsel for the State. The petitioner, facing prosecution for the offence under sections 302, 201/34 and 120 (B) of the Indian Penal Code, has his defence that it would be unbelievable if not absurd that the petitioner, father-in-law, would become a party in killing his own son-in-law and in the process making his own daughter widow. It has also been submitted that the manner in which the dead body has been recovered would not suggest that the deceased had been done to death in a pre-planned manner. It is also submitted that the petitioner is an old man and has got no criminal antecedent. This Court on perusal of paragraph 20 of the case diary would find that as a matter of fact the daughter of the petitioner on account of some differences with her husband (deceased) had left the house and a matrimonial case for this purpose was also pending. It has come on record that even on that day on which hearing of the matrimonial case had taken place the petitioner has only persuaded his son-in-law to sit together for resolving the dispute. Thus, the attending circumstances by themselves would go to show that the petitioner till last date on 2 which the deceased was seen in the Court had no animus or motive to him killed. This Court, however, is not oblivious of the fact that the prosecution has introduced some story of dispute over one decimal land being the motive for killing the deceased and thus while it may not be safe to record any finding on the issue of motive but then in absence of any material directly implicating the petitioner for the offence in hand he would be entitled for grant of anticipatory bail. That being so, if the petitioner, namely, Jittu Sao surrenders within a period of four weeks and satisfies the court below that he has no criminal antecedent, he shall be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nalanda at Biharsharif in Rajgir P.S. Case No.56 of 2009, subject to the conditions as laid down in section 438 (2) of the Cr.P.C. Abhay Kumar ( Mihir Kumar Jha, J.)