IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.29173 of 2010 SIYA RAM SAO & ANR Versus STATE OF BIHAR ----------- 2. 10.08.2010. Heard learned counsel for the petitioners, informant and the State. The petitioners are apprehending their arrest in a case registered under Sections 302/34 of the I.P.C. The petitioner no.1 is the own brother of the deceased and petitioner no.2 is son of petitioner no.1. It is alleged that the petitioner no.1 gave a rod blow on the nose of the husband of the informant on 09.06.2010 at 10.00 A.M. Subsequently, the victim was shifted to Apollo Trauma Centre, Patna. It is further alleged that victim succumbed to injury on 13.06.2010 and subsequently the present F.I.R. was lodged on 23.06.2010. The death certificate is part of the F.I.R. which suggests the cause of death due to cardiac respiratory arrest. The death certificate further reflects that the victim was suffering from Septicemia and Jaundice. Informant has retracted from her initial 2 version in the subsequent statement. Learned counsel for the informant submits that the death was caused due to injury caused by this petitioner and the investigating officer has wrongly recorded the subsequent statement of the informant. Considering the delay in lodging of the F.I.R., the allegation of assault not being corroborated by the death certificate, admittedly no Post mortem was done which clouds prosecution case, let the petitioners, Siya Ram Sao and Rahul Kumar, be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today in connection with Jehanabad P.S. case No. 372 of 2010 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M. Jehanabad, subject to the conditions as laid down under Section 438(2) of Cr.P.C. U.K. ( Dinesh Kumar Singh, J.)