IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.6758 of 2010 UMESH LOHAR @ UMESH VISHWAKARMA Versus STATE OF BIHAR ----------- 2 13.4.2010 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in connection with complaint case no. 181 C/2008 in which cognizance has been taken under sections 147 and 365 of the Indian Penal Code. According to the prosecution case Arun Vishwakarma son of the complainant was taken away by the accused persons on 18.5.2008 who did not return and therefore, complainant suspected that accused persons might have killed him and disposed of his dead body. By referring to annexure-2, it is submitted that as a matter of fact deceased Arun Vishwakarma was suffering from chest pain and he died during the course of treatment in a private clinic. It is submitted by learned counsel for the petitioner that as a matter of fact deceased Arun Vishwakarma had earlier married one Munni Devi and subsequently he deserted her and married another lady .For that reason aforesaid Munni Devi @ Munni Kumari filed a complaint case no. 1259 of 2005 vide Annexure-4 to the supplementary affidavit in which present complainant and her other family members are accused. After death of Arun Vishwakarma @ Arun Mistri present complaint petition has been filed by the complainant against the aforesaid Munni Devi and her family members in retaliation of the complaint case vide Annexure-4.It is stated by the learned counsel for the petitioner that co- accused Manju Devi, Suraj Lohar and Dhiraj Lohar, who are the relations of aforesaid Munni Devi have been extended the privilege of anticipatory bail - 2 - by a Bench of this Court by order dated 18.2.2010 passed in Cr. Misc. No. 39891 of 2009 and Cr. Misc. No. 6130 of 2010 (Annexure-5) and the petitioner being relation of aforesaid Munni Devi is entitled to have the privilege of anticipatory bail. In the aforesaid back ground, the above named petitioner in the event of his arrest or surrender in the court below within a 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 Shri Sandeep Sinha, J.M. Ist class, Sheikhpura, in the connection with the above noted case, subject to the conditions laid down under section 438(2) Cr.P.C. (Birendra Prasad Verma, J) M.Rahman