IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.52859 of 2008 HEMANT KUMAR, S/o. Ramkeshwar Pandit, r/o. Village-Madwa Paker, P.S. Saraia, District- Muzaffarpur. Versus THE STATE OF BIHAR ----------- 02 01.05.2009 The petitioner apprehends his arrest in Sariaya P.S. Case No.155 of 2008 under Sections 302, 201, 120B/34 of the I.P.C. Heard. The informant, the brother of deceased Arvind Choudhary alleges in his F.I.R. that the deceased had fallen in love with Sweta Bharti, the sister of the petitioner and daughter of Ram Keshwar Pandit and that they were not liking the love-affairs, as a result of which they had threatened the deceased to kill. It was also alleged that the Ramkeshwar Pandit called his two brother-in-laws and that petitioner and his brother-in-law killed the deceased while he was sleeping in his Maraiyi and they had spread the rumour in the village that the deceased has committed suicide due to love-affairs and that the villagers also cremated the dead-body. Learned counsel for the petitioner submits that the F.I.R. was lodged six days after the occurrence. It is 2 also submitted that during investigation vials of poison were found in the Maraiyi, where the deceased had slept and he was found dead. Learned counsel also says that there is no eyewitness to the occurrence and the allegation is of general and omnibus nature. In the facts and circumstances, let petitioner Hemant Kumar surrender in the court-below within two weeks from the date of receipt of the order and thereafter he be admitted to the privilege of bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Muzaffarpur in connection with Saraiya P.S. Case No.155 of 2008, subject to the conditions, as laid down under Section 438(2) Cr.P.C. Mkr. (C.M. Prasad, J.)