IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.25281 of 2009 1. AMRENDRA SAH ,Son of Chhedi Sah 2. Munna Bhagat 3. Lalit Bhagat, both sons of Suresh Bhagat, All are residents of Bakhtiarpur, P.S. Bakhtiarpur, District-Saharsa Versus STATE OF BIHAR ----------- 2 29-10-2009 Heard learned counsel for the petitioners and the State . The petitioners apprehend arrest in a police case under Sections 147,149,337,353,304B,201 & 120B of the Penal Code and 3/4 of the Dowry Prohibition Act.. Submission is that the petitioner no.1 is a co-villager. Others similarly situated co-accused have been granted anticipatory bail in Cr.Misc.No.9362 of 2008. Petitioner nos.2 and 3 are brothers of the husband. Final form was submitted by the police. Death is stated to have taken place within 10-11 months of the marriage and the body is alleged to have been disposed by attempted burning without intimation to the family members of the deceased,seized partially burnt by the police. The impugned order of rejection is of no help this Court in adjudication. Paragraph 5 of the same simply refers to certain paragraphs of the case diary without discussing the nature of the materials. Paragraph 6 of the same refers to the postmortem report but does not mention what it contains. Considering the facts and circumstances of the case, let the - 2 - petitioner no.1 above named surrender before the court below within four weeks when he shall be enlarged on anticipatory bail upon furnishing the bail bond of Rs.10,000/- ( ten thousand) along with two sureties of the like amount each to the satisfaction of Sri S.K.Dixit, Judicial Magistrate, 1st Class,Saharsa, in connection with Bakhtiarpur P.S. Case No.235 of 2000, subject to the condition as laid down in Section 438(2) Cr.P.C. In so far as petitioner nos.2 and 3 are concerned, this application is disposed with direction to the learned Sessions Judge, Saharsa, to re-hear and decide the issue of bail by a reasoned and speaking order on the basis of the materials collected during the investigation to enable this Court to adjudicate the matter appropriately. It is made clear that since the impugned order is not to the satisfaction of this Court, the Sessions Judge shall retain the entire discretion to pass an order of an appropriate nature granting or rejecting anticipatory bail to his satisfaction after proper discussion of material discussed in paragraph 5 and 6 of the impugned order. Let such order be passed by the learned Sessions Judge within a period of 10 days from the date of receipt/production of a copy of the present order before him by the petitioners. This order has been passed in presence of the learned counsel for the petitioners. It is expected that the petitioners shall act expeditiously and in his own interest. Let the order be communicated to the Sessions Judge in context of Bakhtiarpur P.S.Case No.235 of 2000 pending before the - 3 - Judicial Magistrate, 1st Class, Bakhtiarpur through Fax at the cost of the High Court. This application stands disposed . NKS/- ( Navin Sinha, J)