IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.3087 of 2008 UMESH GIRI & ORS Versus THE STATE OF BIHAR ----------- 6 24.6.08. This is an application filed under Section 438 Cr.P.C. for grant of anticipatory bail in connection with Mahua P.S. Case No. 412/04 dated 20.10.2004 arising out of Complaint Case No. 531/01, dated 24.4.2001 registered under Section 304(B)/34 I.P.C. Heard. Learned counsel for the petitioners submitted that the deceased died natural death. The members of the sasural of the deceased of the deceased took proper care for treatment. In support of the above submission annexure- 3 and annexure-4 were referred. He also submitted that the case has been compromised. Apart from this, the petitioner No. 1 has no connection with affair of the family. He is simply co-villager. The other petitioners are father- in-law, sister-in-law (Nanad) and brother-in-law (Nandosi), petitioners No. 3 and 4 are residing at different places and they have also no control on the affair on the family of petitioner No.2. There is also no specific allegation against any of the petitioners. Learned A.P.P. opposed the above submissions and contended that no paper was produced by the accused persons during investigations that the deceased had died due to ailment nor death certificate was produced before the I.O. The genuineness of the two Annexures have not been examined. Besides these there is specific allegations against the petitioner No. 3 (Nanad), and petitioner No.4 had also gone to bring the deceased back from her naihar on the pretext of the ailment of her mother-in-law. 2 After considering the submissions of both the parties, I do not feel inclined to grant prayer for anticipatory bail of petitioners Nos. 2,3 and 4. They may surrender in the court below and seek regular bail. In that event the court below (C.J.M., Hajipur, Vaishali) would dispose of the bail application on merit in accordance with law without being prejudice by this order. The petitioner No.1 Umesh Giri however is directed to surrender in the court below within four weeks from today. In that event the petitioner would be released on bail on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Hajipur, Vaishali in Mahua P.S. Case No. 412/04 dated 20.10.04 arising out of Complaint Case No. 531/01 dated 24.4.01, subject to the condition as laid down under Section 438(2) Cr.P.C. M. Pal. (Rekha Kumari, J.)