IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No.5066 of 2010 LADDU KHAN @ LADDU, son of Late Ataullah Khan Versus THE STATE OF BIHAR ----------- 2/ 14.05.2010 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in a case registered for the offence under Sections 328 and 302/34 of the Indian Penal Code. Learned counsel for the petitioner submits that the police after investigation submitted charge-sheet under Section 306 of the I.P.C. The informant, Salamun Nisha, gave her fardbeyan on 17.11.2008, that on 12.11.2008 at about 4.00 P.M., she along with her daughter-in-law, Naseema Khatoon came to the house of her Samadhi, Heera Khan, in Mohalla Urdu Bazar, Darbhanga. Thereafter her daughter-in-law informed her husband namely Munna @ Masroor Alam on telephone at Delhi about the illness of her infant child. Thereupon, Munna @ Masroor Alam came to Darbhanga from Delhi but she could not find his wife and son. On enquiry, Heera Khan informed that she would come next morning by 9.00 A.M. It is alleged that on 15.11.2008 at about 9.00 A.M., all the accused persons including this petitioner came and at the order of one Moin Quasai, they all assaulted the son of the informant (Munna @ Masroor Alam) and tied him with the electric pole. However, the matter was settled but nonetheless again after some time upon the order of Sattar, the accused persons put him down on the ground and Laddu Khan (petitioner) caught hold his hair, Sattar pressed his neck, Chand and - 2 - Moin Quasai caught hold his legs and others assaulted him with fists and slap. Thereafter it is alleged that Heera Khan poured poison in the mouth. It is stated that thereafter Heera Khan with the help of four female members took the deceased to D.M.C.H. for treatment. Learned counsel submits that if Heera Khan and other accused persons were involved in killing of the deceased, there would have been no reason for them to take him for treatment to DMCH. He further submits that the petitioner is uncle-in-law of the deceased and is residing separately from Heera Khan, father-in-law of the deceased. Counsel for the State opposes the prayer for bail and submits that the accused persons caught deceased Munna and poured poison and this petitioner had caught hold of his hair. It would appear that anticipatory bail application of Moin @ Moyeen Quraisi as well as Chand were rejected by a Bench of this Court on 30.10.2009 vide Cr. Misc. No. 12911 of 2009 and Cr. Misc. No. 35202 of 2009. It also appears that the anticipatory bail application of Haji Abdul Zabbar and Haji Abdul Sattar were also withdrawn. It appears from the First Information Report that petitioner was one of the person, who has caught hold of the hair of the deceased. In this view of the matter, I am not inclined to grant anticipatory bail to the petitioner. His prayer for anticipatory bail is rejected. However, if petitioner surrenders before the court below (Chief Judicial Magistrate, Darbhanga) in connection with Laheriasarai P.S. case no. 427 of 2008 within six weeks from today - 3 - and seeks regular bail, the same would be disposed of preferably on the same day. It will be open for the petitioner to submit that he happens to be the uncle-in-law of the deceased and he resides separately from the father-in-law of the deceased and charge-sheet has been submitted under Section 306 of the Indian Penal Code. Let this order be sent through FAX at the cost of the petitioner. Uday/ (Samarendra Pratap Singh, J.)