IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Misc. No. M-24892 of 2009 Date of decision : October 08, 2009 Ram Avtar ....Petitioner versus State of Haryana ....Respondent Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Sanjeev Gupta, Advocate, for the petitioner Mr. Sidharth Sarup, AAG Haryana L.N. Mittal, J. (Oral) Ram Avtar has filed this petition for anticipatory bail in case FIR No. 56 dated 26.2.2008 under sections 304-B IPC, Police Station Sector-5, Gurgaon. I have heard learned counsel for the parties and perused the case file. The petitioner was found innocent during investigation but has been summoned as additional accused along with his wife Usha Garg on prosecution application filed under section 319 of Code of Criminal Procedure. Learned counsel for the petitioner contended that petitioner's wife Usha Garg has since been granted anticipatory bail by this Court vide order dated 21.8.2009, Annexure P/9 and the petitioner is on parity with Usha Garg. Learned State counsel, after seeking instructions from ASI Criminal Misc. No. M-24892 of 2009 -2- Pavitar Kumar does not controvert the aforesaid factual position. In view of the aforesaid but without meaning to express any opinion on merits, the instant petition is allowed. If the petitioner appears before the trial court on 28.10.2009, the date fixed there, the petitioner shall be released on bail to the satisfaction of the trial court. ( L.N. Mittal ) October 08, 2009 Judge 'dalbir'