IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.7653 of 2010 1. PRAMOD SAH 2.Binod Sah @ Binod Kr. Sah………………Petitioners. Versus STATE OF BIHAR ----------- 2 22.3.2010 Heard Mr. Manish Kumar, learned counsel appearing for the petitioners and Mr. Anil Kumar learned A.P.P. for the State. Petitioners apprehend their arrest in connection with Simri P.S. case No. 131 of 2009, registered under section 304 (B) and 34 of the Indian Penal Code. Petitioner no.1 is husband of the deceased and petitioner no.2 is youngest brother of petitioner no.1. Learned counsel for the petitioners states that as a matter of fact the present case was lodged by the village Chaukidar and deceased has died in some other manner, and not in the manner as disclosed in the F.I.R. He also draws my attention towards the affidavit portion of this petition to show that as a matter of fact father of deceased has sworn an affidavit in the present case, which go to prove that in fact the prosecution is doubtful. Be that as it may in the facts and circumstances of the case, and in view of the relationship of petitioner no.1 namely Pramod Sah, with the deceased, this court is not persuaded to accede to the prayer made on behalf of petitioner no.1 for grant of anticipatory bail. His prayer for anticipatory bail is dismissed. However, if he surrenders in the court below within four weeks from today and prays for regular bail , then the same should be considered on its own merit without being prejudiced by this order. The court below shall look into all relevant materials available on record. However, so far petitioner no.2 Binod Sah @ Binood Kumar - 2 - Sah is concerned, he happens to be devar of the deceased. In that view of the matter, let petitioner no.2, Binod Sah @ Binod Kumar Sah in the event of his arrest or surrender in the court below within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of C.J.M, Darbhanaga in connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman