IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19033 of 2009 1. ARBIND KUMAR SHARMA @ ARVIND SHARMA 2. Sailesh Sharma @ Sailesh Kumar 3. Avinash Sharma @ Avinash Kumar 4. Rahul Sharma @ Rahul Kumar All are s/o late Lal Babu Sharma,R/o Dakshin Tola Brahm Asthan, P.S.-Town Siwan, District-Siwan. Versus THE STATE OF BIHAR ----------- 02/ 07-07-2009 Heard learned counsel for the petitioners and the State. Allegation against the petitioners is that they along with another reacting altercation between the mother of the informant and members of their family. They pelted bricks on the roof of the informant, his son received injury, he was taken to hospital provided medical aid also but later his condition deteriorated, which was informed to the informant when he was at Gorakhpur and ultimately the victim died. Submission of the learned counsel for the petitioners is that incident, if any, took place on 19.1.2009 and the victim was taken to hospital but no information was given to police or else where. When the victim died then also no information was given, rather after coming home, matter was informed and it is doubted if the overt act can be taken for the offence under Section 304 Part-I of the Indian Penal Code but they are apprehending their arrest, which never can be justified. I agree with the same. Accordingly, this petition for anticipatory bail is allowed. In case of arrest or surrender within one month from 2 the date of receipt/production of a copy of this order in Siwan Town P.S.Case No.18/2009, the above named petitioners shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand)each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Siwan, subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of Criminal Procedure. AH/ ( Mandhata Singh, J. )