IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.19430 of 2011 Kamla Devi & Ors. Versus The State Of Bihar ----------- 02. 28.06.2011 Heard learned counsels for the petitioners, informant and the State. Petitioners are apprehending their arrest in a case registered under Sections 302, 120B, 201 of the I.P.C. Petitioners are in-laws family of the victim. The victim died on 15.08.2003 when the U.D. case was registered. During postmortem except one scrach on the right side of the chest, no injury was found and the viscera was preserved. The complainant being father of the victim came to know about the death of his son through newspaper on 15.08.2003 when he filed complaint on 26.09.2003 which was ultimately transferred to the police under Section 156(3) Cr.P.C. leading to Kawakole P.S. Case No. 92 of 2004. The police during investigation found the accusation false and submitted final form. It appears that one complaint was also filed but the Magistrate without resorting to the provisions of Section 210 Cr.P.C. embarked upon the power of conducting enquiry under Section 202 Cr.P.C. Subsequently the complaint was dismissed which was 2 challenged before the revisional Court and in pursuance to the revisiona Court’s order the cognizance order was passed. It appears that the revisional Court passed the order on 20.03.2008 and cognizance order has been passed on 16.08.2009. It appears that during investigation it has come that the victim used to consume liquor in excess quantity which resulted into his death. The filing of the complaint by the complainant being father of the victim one and half month of the occurrence and during investigation the accusation was found false by the police cloud the bona fide of the accusation. Considering the aforesaid facts, let the petitioners namely 1. Kamla Devi 2. Sanju Devi 3. Dharma Halwai 4. Kamta Halwai @ Kamta Prasad, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Nawada in connection with Complaint Case No. 734 of 2003, Trial No. 2503 of 2010. Shageer ( Dinesh Kumar Singh, J)