IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.24041 of 2010 1. MD.SATTAR ALI @ MD.ABDUL SATTAR son of late Md. Tahir 2. Anokhi Khatoon D/o Md. Sattar Ali Both residents of Village-Bakhara Tola Chrihar, P.S.-Saraiya, District-Muzaffarpur. Versus STATE OF BIHAR ----------- 2. 29.07.2010 Heard learned counsel for the petitioners and the State. The petitioners being the agnates of the informant are apprehending their arrest in a case registered under Section 304 of the Indian Penal Code. As per the F.I.R., the occurrence took place on 30.3.2010 but the F.I.R. was lodged on 7.4.2010. It is alleged that the victim was assaulted by the petitioner on 30.3.2010. It is submitted by learned counsel for the petitioners that the actual occurrence took place on 29.3.2010 for which an informatory petition was lodged by the petitioners against the informant side. The complaint petition contained in Annexure-3 was filed on 3.7.2010 by the petitioner no.1 against the informant and others which was subsequently transferred to the police vide Annexure-3/1 and the police on enquiry submitted the report that it was the informant side who assaulted the petitioner no. 1. During the enquiry the police took 2 the statement of some of the witnesses who are also witnessed in the present case. Learned counsel for the State submits that the witnesses have supported the allegation during investigation. Considering the delayed lodging of the F.I.R., after 7 days of the occurrence and the case lodged by the petitioner’s side is prior to the present case, which has been found true during enquiry, let the petitioners, namely (1) Md. Sattar Ali @ Md. Abdul Sattar (2) Anokhi Khatoon, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sri, T. Yadav, S.D.J.M (West) at Muzaffarpur, in connection with Saraiya P.S. Case No. 67 of 2010, subject to the condition as laid down under Section 438(2) Cr.P.C. Anand Kr. ( Dinesh Kumar Singh, J.)