IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41937 of 2011 Taresh Rai & Anr. Versus The State Of Bihar ---------------------------------- 2. 13.12.2011 Heard the parties. Petitioners are apprehending their arrest in Garkha P.S. Case No. 78/2005 for offences under Sections 341, 323, 324, 337, 302,/34 of the Indian Penal Code. According to the F.I.R. on the instigation against the accused persons came armed with lathi-danda and other arms and assaulted the informant. Accused Jitendra Rai gave gupti blow causing injury on his. In the meantime all the accused persons began to assault the informant with different arms and when his daughter-in-law Ful Kumari and daughter Munga Kumari and other family members went there they were also assaulted. His daughter fell down in order to save the informant and then Wakil Rai gave 3- 4 rod blow on her head and other persons, Ganesh Rai picked up a brick and gave blow on her head She died instantennously. Learned counsel for the petitioners submits that earlier the final form has submitted and the petitioners were shown as innocent which was accepted by Chief Judicial Magistrate. But this Hon’ble Court vide Cr. Misc. No. 7278/2008 was pleased to remand the case of the petitioners and only thereafter Chief Judicial Magistrate took cognizance against them. Learned counsel for the petitioner further states that they are innocent and they have not participated in the said occurrence only after the investigation by the police final form was submitted in this case. In the facts and circumstances, in the event of arrest or surrender within four weeks from to-day, petitioners, namely, (1) Taresh Rai, (2) Ganesh Rai and (3) Rajesh Rai are directed to be released on anticipatory bail on their furnishing bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in Garkha P.S. Case No. 78/2005, subject to the condition as laid down under Section 438 (2) Cr. P.C. and the petitioners will physically present when they are required in the Court and if they will not cooperate in the trial of the case, the court below will be a liberty to cancel the bail. Mkc/ (Shivaji Pandey, J.)