IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.20006 of 2010 NITISH RAI @ NITISH KUMAR Versus STATE OF BIHAR ----------- 3 13.08.2010. Heard learned counsel for the parties. The petitioner has been made accused in a case under sections 302/34 of the I.P.C. on the allegation that he killed his father, namely, Kamta Prasad by putting rope around his neck. The informant, who happens to be brother of deceased stated in the F.I.R. that his brother was found to be dead in the morning having ligature mark around his neck. Learned counsel for the petitioner submits that he has been sought to be implicated on basis of statement of one Anita Devi claiming herself to be wife of deceased, contained in paragraph 21 of the case diary, in which she has believed that the deceased had some monetary dispute with his son/the petitioner, as such, he along with his brother-in-law Akhilesh Rai, Dinesh RAi killed him. This belief has also been expressed by witnesses examined in para 22 and 23 of the case diary. Petitioner submits that similarly situated Akhilesh Rai has already been allowed anticipatory bail by a bench of this Court vide order dated 7.11.2008, passed in Cr.Misc.No. 28742 of 2008. Counsel for Anita Devi appears and opposes the prayer for bail with permission of this Court, though she is not even the informant but claims to be second wife of the deceased. It is submitted by her that co-accused who got privilege of 2 anticipatory bail did not bring on record full facts of the case at the time of hearing of the case. In the facts and circumstances of the case, let the petitioner as above be released on bail on furnishing bail bond of Rs.20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Patna in Phulwarisharif Police Station Case No. 13 of 2007. Petitioner would not absent physically for more than two consecutive dates at a stretch, till three witnesses are examined in trial, otherwise his bail bond would be cancelled and he would be taken into custody. Shashi. (Samarendra Pratap Singh, J.)