IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.42087 of 2010 1.AKHILESHWAR MARIK son of late Jagdish Marik, resident of Village Balua, P.S. Amarpur, District- Banka………Petitioner. Versus STATE OF BIHAR O.P. ----------- 2 26.11.2010 Heard the parties. This is an unfortunate case, in which father is seeking anticipatory bail with respect to a criminal prosecution launched by his own son for offences under sections 307, 379, 325 and some other allied offences under the Indian Penal Code. It is submitted that petitioner is an old man aged about 70 years and in fact some dispute is going on between the informant and his brother regarding partition of the joint family property. The petitioner, though is not a party in the aforesaid family dispute and, is trying to maintain good and equal relationship with both the sons, but the informant on the suspicion that petitioner is siding with other son, he has arrayed him in the category of accused in the present case. Apparently occurrence has taken place because of family dispute between the petitioner and his one son at one side and his another son being informant at other side. It is further submitted that though there is allegation of assault against the accused persons, but the doctor has opined the injury sustained by the informant to be simple in nature. In his submission even according to the prosecution case offence under section 307 of the I.PC. is not attracted and only minor and bailable offences shall be attracted against the petitioner. In the aforesaid facts and circumstances and taking into 2 consideration the fact that petitioner is old man and happens to be father of the informant and entire occurrence has taken place because of family dispute, the above named petitioner in the event of his arrest or surrender in the court below within period of four weeks from today, shall 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, Banka ion Amarpur P.S. Case no. 112 of 2010 , subject to the conditions laid down under section 438(2) Cr.P.C. M.Rahman ( Birendra Prasad Verma, J )