IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42050 of 2010 PARDEEP BAITHAson of Khobari baitha, resident of village- Lakhan Bairiya, P.S.Unchchakagaon, Dist. Gopalganj. Petitioner. Versus THE STATE OF BIHAR O.P. ----------- 2 26.11.2010 Heard the parties. The petitioner apprehends his arrest in a criminal prosecution registered under section 302/201/120 B of the Indian penal Code. Petitioner is one of the named accused in the FIR vide Annexure-1. Learned counsel for the petitioner submits that there was some quarrel between accused persons at one side and the son of the informant on the other side which was finally pacified by intervention of some other persons. However, subsequently accused persons are further alleged to have entered inside the house of the complainant and from there one Tetari Devi (deceased) was taken out and she was allegedly assaulted by them. It is highlighted that admittedly death has not taken place at the spot and she was taken to hospital for treatment by the accused persons themselves, where subsequently she died during the course of treatment. It is further highlighted that even according to the prosecution case, no case is made out against the petitioner for committing the offence punishable under section 302 of the I.P.C. and no specific role has been assigned against the petitioner for committing the crime in question. It is also submitted at Bar that some of the co-accused persons have been granted anticipatory bail by a Bench of this Court. 2 Learned State has strongly opposed the prayer for bail and has contended that petitioner has been absconding for almost five years. Be that as it may, in view of nature of allegation, this court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail. The above named petitioner in the event of his arrest or surrender in the court below within a period of four weeks from today is directed to be enlarged 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, Gopalganj, in connection with Uchchakagaon P.S. Case No. 157 of 2005, subject to the conditions laid down under section 438(2) Cr.P.C. and subject to further conditions: (a) That one of the bailors must be Govt. servant (b) The other bailor must be a family member or close relation of the petitioner, who will file an affidavit in the court below showing his/her relationship with the petitioner. (c) The petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bond of the petitioner. The learned C.J.M, Gopalganj is further directed to commit the case of the petitioner to the court of Sessions, where-after trial of the petitioner shall be taken up on priority basis. M.Rahman ( Birendra Prasad Verma, J )