IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.15933 of 2010 Subain Singh, Son of Shri Hridya Narayan Singh, resident of Village- Muradpur Hujra, Police Station-Arwal, District-Arwal-- Petitioner Versus THE STATE OF BIHAR ----------- 02 25-05-2010 Heard Sri Vijay Kumar, learned counsel appearing on behalf of the petitioner and learned Addl. Public Prosecutor appearing on behalf of the State. The petitioner, apprehending his arrest in connection with Arwal P.S. Case No.133 of 2009, registered under Section 306 read with Section 34 of the Indian Penal Code, has prayed for grant of anticipatory bail. Short fact of the case is that the informant, who is wife of deceased in her fardbeyan disclosed that while she was in her Maike( parents’ house ) ,on 30.10.2009 she was telephonically informed regarding death of her husband .Thereafter, she along with her parents went to the house of her husband and there she got information that due to quarrel in between her husband and father-in-law as well as brother of her husband, her husband consumed poison and committed suicide . On the basis of said allegation, an F.I.R. vide Arwal P.S. Case No.133 of 2009 was registered for the offence under Section 306 read with Section 34 of the Indian Penal Code. Sri Vijay Kumar, learned counsel for the petitioner submits that the petitioner has been falsely implicated by the wife of his own brother. He further submits that the wife of her 2 deceased brother without the consent of her husband was living in her Maike and due to that reason, brother of petitioner was not leading peaceful life and started consuming liquor and death had occurred due to consumption of heavy liquor. It was not a case, where the petitioner directly or indirectly had abetted his brother to commit suicide. In view of the facts and circumstances, as indicated above, particularly in view of assertion made in the F.I.R. that on the date of occurrence, the informant was not at all present at the place of occurrence, it is difficult to comprehend that this petitioner was one of the abettors in committing suicide by the husband of the complainant, Be that as it may, let the petitioner above named be enlarged on bail in the event of his arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad in Arwal P.S. Case No.133 of 2009, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure . NKS/- ( Rakesh Kumar, J )