IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3112 of 2009 ISHQUE MIAN, son of Gajraj Miya, Resident of village-Bairiya, P.S. Kataiya, district- Gopalganj Versus STATE OF BIHAR ----------- 3. 22.05.2009 The petitioner apprehends his arrest in Sessions Trial No. 308 of 2005 relating to Bijaipur P.S. Case No. 41 of 1991 whereunder he has to face trial for offence under Section 364, 302 and 201/34 of the Indian Penal Code. The learned counsel for the petitioner submits that earlier the police had investigated the offence and final form was submitted against the petitioner and others and charge sheet was submitted against one Amla Pathak who was facing trial under the aforesaid Sessions Trial No. 308 of 2005. The learned counsel continues to submit that during trial when evidence was led the petitioner has been summoned under section 319 of the Cr.P.C. to stand trial for the said offence. The learned counsel says that on thorough investigation, the police did not find a case against the petitioner, hence, final form had been submitted against him, but witnesses have tried to implicate the petitioner in course of evidence during trial. In the facts and circumstances of the case, the petitioner, Ishque Mian is admitted to anticipatory bail in - 2 - the event of his arrest/surrender before the court below within two weeks on furnishing his bail bond of Rs. 10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Fast Track Court, 1st Gopalganj, in Sessions Trial No. 47 of 2000, arising out Vijaipur P.S. Case No.41 of 1991, G. R. No. 1057 of 1991,subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (C.M. Prasad, J.) Ravi/-