IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.48819 of 2008 RITESH PRASAD BARNWAL @ RITESH KUMAR, S/O Harishchandra Prasad Barnwal, resident of village-Dudhpura, P.S. Hasampur, District- Samastipur ………………………… Petitioner. Versus STATE OF BIHAR ----------- 2. 16.02.2009 Heard learned counsel for the petitioner and the state. Petitioner is younger brother of husband of the deceased. F.I.R. has been instituted alleging offence u/Ss 304B, 120B/34 of the Indian Penal Code. Counsel for the petitioner submits that in the F.I.R. itself it is stated that in the night of 11.5.2008 at 11.00 p.m. this petitioner had talked with the informant from Delhi. Next day i.e. 12.5.2008, at 9.30 a.m. in the morning the informant went to the Matrimonial home of his daughter at Hasanpur and found his daughter dead. Counsel for the petitioner submits that this admission in the F.I.R. itself is sufficient to show that the petitioner was not present at the place of occurrence at the time of alleged occurrence. Considering the fact, prayer for anticipatory bail is allowed. In the event of arrest or surrender within four weeks from today in the court below, the petitioner, named above will be released on bail on furnishing bail bond of Rs 10,000/- (ten thousand) with two sureties of the like amount each in 2 connection with Hasanpur P.S. Case No. 71/08 to the satisfaction of Additional Chief Judicial Magistrate, Samastipur subject to the conditions as laid down u/S 438(2) of the Cr.PC. AKV/ ( Mridula Mishra, J )