IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.39607 of 2009 1. Shyamanand Thakur, Son of Late Raghunandan Thakur. 2. Ram Narain Thakur, Son of Late Raghunandan Thakur. 3. Chandan Kumar Thakur, Son of Ram Narain Thakur. All residents of Village- Khojpur Tola, Khirkhiriya, P.S. Babubarhi, District-Madhubani.........................................................Petitioners. Versus THE STATE OF BIHAR.........................................Opposite Party. ----------- 3. 31.03.2010. Heard learned counsel for the petitioners, informant and the State. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, and 307/34 of the Indian Penal Code but subsequently section 302 of the Indian Penal Code was also added. It is alleged in the First Information Report that the informant’s in-laws i.e., the petitioners abused and assaulted with fists and slaps to the informant on 21.08.2009 and subsequently the case was registered on 22.08.2009. It is submitted on behalf of the learned counsel for the petitioners that the case has been lodged after death of the informant by obtaining her thumb impression because the occurrence took place on 21.08.2009 and the First Information Report was lodged on 22.08.2009 after 12 hours and 2 there is no explanation for the delay. Learned counsel for the petitioners drew my attention towards post mortem examination report which reflects that there is no external and internal injury to the victim. It is also submitted on behalf of the learned counsel for the petitioners that investigation is still pending. Learned counsel for the informant has submitted that there is specific allegation of assault against these petitioners and consequent to assault the death has taken place. Learned counsel for the State has submitted that the investigation is still pending. In view of the fact that the post mortem report completely negates the prosecution case and the admission of the informant in the First Information Report with regard to the land dispute, the petitioners, namely, Shyamanand Thakur, Ram Narain Thakur and Chandan Kumar Thakur are directed to be released on anticipatory bail in the event of their surrender within a period of twelve weeks from today in 3 connection with Babubarhi P.S. Case No. 144 of 2009 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. U.K. (Dinesh Kumar Singh,J)