IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.8398 of 2009 RATAN YADAV Versus The STATE OF BIHAR ------ 3/ 28.04.2009 Heard learned counsel for the petitioner and learned counsel for the State. I find it is a peculiar case in which Md. Iliyas, husband of the informant, disappeared. In the F.I.R., it is said that he was taken away on the point of pistol. While in subsequent statement, informant is stating about the incident heard from others and victim’s brother is stating about the meeting and talking. One thing appears in the case improper that from the very beginning, when informant’s husband was taken away on the point of pistol then what was occasion of further searching him which is followed by divergent statement of the witnesses. Co-accused persons namely, Imroj Khan and Firoj Khan have already been granted anticipatory bail by a Bench of this Court in Cr. Misc. No. 1512 of 2009 and Cr. Misc. No. 23658 of 2008 respectively, though their name were not disclosed in the F.I.R., rather in subsequent statement of the informant. In any case, in my view the petitioner’s arrest at the moment cannot be justified. In the event of arrest or surrender within one month from today in connection with Maheshkhunt P.S. Case No. 45 of 2007 (S.C. No. 148 of 2008), above named petitioner shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten 2 thousand) with two sureties of the like amount each to the satisfaction of A.D.J., F.T.C. No.1, Khagaria subject to the conditions as laid down under Section 438(2) of Cr. P.C. shail (Mandhata Singh,J.)