IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.45415 of 2010 1. Anila Devi, W/O Durga Mahto. 2. Puniya Devi,D/O Durga Mahto. 3. Durga Mahto, S/O Late Mohar Mahto, all residents of Village-Ekwa, P.S. Subhadra, District- West Champaran..........Petitioners. Versus THE STATE OF BIHAR..........Opposite Party. ----------- 2. 12.01.11. Heard learned counsels for the petitioners and the State. The petitioners have prayed for grant of anticipatory bail in a case registered under Sections 302, 201 and 34 of the I.P.C. Earlier also the anticipatory bail application was filed when interim protection was granted to the petitioner nos. 1 and 2 vide order dated 11.05.2010 passed in Cr. Misc. No. 13287 of 2010 but the said Cr. Misc. application was subsequently dismissed as not pressed since Mr. Akhileshwar Kumar Srivastava submitted that he has no instructions in the matter. In the F. I. R. the allegation is that due to quarrel with the niece of the informant, the victim was killed by the accused persons but the F. I. R. itself suggests that there is no eye witness. During investigation also it has come that there is no eye witness to the occurrence. Moreover, the informant has 2 subsequently retracted from his initial version and has filed a petition to that effect which has been brought on record. The other similarly situated accused Ram Avtar Mahto has been granted bail on 28.10.2010 vide Cr. Misc. No. 24357 of 2010. This Court is not inclined to interfere with the matter on the ground that earlier anticipatory bail application was not pressed but in view of the fact that other accused has been granted bail, I see no reason for the learned court below for not considering the regular bail application of the petitioners in the similar manner. Let the learned court below consider the regular bail application of the petitioners in view of the fact that other accused Ram Avtar Mahto has been granted bail by this Court. It is expected that learned court below may dispose off the regular bail application preferably on the same day. With the aforesaid observations, the application is disposed off. U.K. (Dinesh Kumar Singh,J.)