IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21918 of 2010 1. MD.MUSTAQUE, S/o Md. Abbas 2. Md. Isteyaque, S/o Md. Abbas, 3. Md. Farukh, S/o Md. Abbas All residents of Village- Muraliya Chak, P.S.-Sitamarhi, District- Sitamarhi. ……… Petitioners. Versus THE STATE OF BIHAR 2 12-07-2010 Petitioners are apprehending their arrest in a case registered under Sections 448, 341, 308, 323, 304 & 504/34 of the Indian Penal Code. It is alleged against the petitioners that they assaulted the father of the informant by means of Lathi. Post-mortem report as contained in Annexure-2, reflects that victim has sustained one minor injury of 1” x 1” on the knee and no other injury on any party of the body was found and for ascertaining the cause of death, viscera was preserved and report is awaited. Prosecution case is not that the victim was administered any poisonous substance. Hence, it appears that allegations are not corroborated by the post-mortem report. However, learned counsel for the petitioners submits that victim was more than 75 years of age and the post-mortem report also records the age of victim as 78 years. Learned counsel for the state, however, submits that there is specific allegation against the petitioners in the F.I.R. Considering the fact that victim has no corresponding injury as alleged in the FIR and he was quite old person, let petitioners above named, are directed to be released on anticipatory bail, in the event of their arrest or surrender in the court below within a period of 12 weeks - 2 - from today, on furnishing bail bond of rupees 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 141/10. Sujit (Dinesh Kumar Singh, J)