IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.23571 of 2008 ***** 1. Vijay Mahto, S/o Jitu Mahto & 2. Dharo Mahto, S/o Jitu Mahto, both resident of Village – Purani Juri, P.S. Pakribrawan, District- Nawada. Versus THE STATE OF BIHAR ----------- For the Petitioners:- Ms. Anjana Prakash, Sr. Advocate. & Mr. Sudhanshu Kumar, Advocate. For the State:- Mr Upendra Kumar, A.P.P. --------- 3. 10.11.2008. Heard. Not accepting the report in the final form, the Magistrate has taken cognizance under Section 304(B) of the Indian Penal Code in relation to death of one Smt. Rinku Devi. Petitioners are Brothers-in-law of the deceased. The reason for submission of report in the final form appears to be the register of the Hospital which records that Rinku Devi was referred to another Hospital as well as the evidence of the Doctor of the Hospital, who stated in course of investigation that in view of non-availability of appropriate infrastructure at the Hospital wherefrom she was referred, Rinku Devi could not be treated when she was suffering from acute diarrhoea. Considering these facts the application for grant of - 2 - anticipatory bail is allowed. In the event of arrest or surrender of the petitioners within six weeks from today, let the petitioners, namely, Vijay Mahto and Dharo mahto be released on bail on their furnishing bonds in the sum of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Nawada in connection with Pakaribarama P.S. Case No. 39/04, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. dk ( Barin Ghosh, J. )